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KASTEN CONSTR. v. ROD ENTERPRISES

[No. 134, September Term, 1972.]

268 Md. 318 (1973)

301 A.2d 12

THE KASTEN CONSTRUCTION COMPANY, INC. v. ROD ENTERPRISES, INC.

Court of Appeals of Maryland.

Motion for rehearing filed March 15, 1973.

Denied March 23, 1973.

Attorney(s) appearing for the Case

Charles C.W. Atwater, with whom were Dwight C. Stone and Mylander, Atwater, Carney & Stone on the brief, for appellant.

Francis D. Murnaghan, Jr., with whom was Robert A. Dietz on the brief for appellee.

The cause was argued on January 15, 1973, before MURPHY, C.J., and SINGLEY, SMITH, DIGGES and LEVINE, JJ., and reargued on February 5, 1973, before MURPHY, C.J., and BARNES, SINGLEY, SMITH, DIGGES and LEVINE, JJ., and JERROLD V. POWERS, Associate Judge of the Court of Special Appeals, specially assigned.

LEVINE, J., delivered the opinion of the Court. MURPHY, C.J., and SINGLEY and SMITH, JJ., dissent and MURPHY, C.J., filed a dissenting opinion in which SINGLEY and SMITH, JJ., concur at page 331 infra.

This appeal by The Kasten Construction Company, Inc. (Kasten) is from a judgment for costs entered in favor of Rod Enterprises, Inc. (Rod) by the Circuit Court for Anne Arundel County (Wray, J.), where the case was tried without a jury. Kasten had sued Rod for...

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