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TRANSAMERICA INS. CO. v. BROHAWN

No. 892, September Term, 1973.

23 Md. App. 186 (1974)

326 A.2d 758

TRANSAMERICA INSURANCE COMPANY v. MARY BROHAWN ET AL.

Court of Special Appeals of Maryland.

Decided October 18, 1974.

Attorney(s) appearing for the Case

Edward C. Mackie, with whom were Robert W. Fox and Rollins, Smalkin, Weston & Andrew on the brief, for appellant.

Francis J. Meagher, with whom were Goodman, Meagher & Enoch on the brief, for appellees.

The cause was argued on May 24, 1974, before ORTH, C.J., and POWERS and DAVIDSON, JJ., and reargued en banc on September 16, 1974, before ORTH, C.J., and MORTON, THOMPSON, MOYLAN, GILBERT, MENCHINE, DAVIDSON, MOORE and LOWE, JJ.

ORTH, C.J., delivered the opinion of the Court. LOWE and DAVIDSON, JJ., dissent and LOWE, J., filed a dissenting opinion in which DAVIDSON, J., concurs at page 207 infra.

The efforts of Mary F. Brohawn and Martha J. Schmidt to remove their grandmother, Ethel Rosier, from a nursing home resulted in their being prosecuted for criminal offenses and sued for damages. Mrs. Rosier had been a resident of the Weeks-Cuppett Nursing Home1

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