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BARRY PROPERTIES v. FICK BROS. ROOFING CO.

[No. 62, September Term, 1975.]

277 Md. 15 (1976)

353 A.2d 222

BARRY PROPERTIES, INC. v. THE FICK BROS. ROOFING COMPANY

Court of Appeals of Maryland.

Motion for reconsideration filed March 10, 1976.

Denied March 19, 1976.

Attorney(s) appearing for the Case

Mark D. Dopkin and Charles B. Heyman, with whom were Gary E. Klausner and Kaplan, Heyman, Engelman & Belgrad on the brief, for appellant.

Amicus Curiae brief filed by The Mechanical Contractors' Association of Maryland, Inc. and Associated Organizations, Howard H. Conaway, George W. Liebmann and Frank, Bernstein, Conaway & Goldman on the brief.

Joseph I. Huesman, with whom were Lerch & Huesman on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

DIGGES, J., delivered the opinion of the Court. LEVINE and ELDRIDGE, JJ., dissent and LEVINE, J., filed a dissenting opinion in which ELDRIDGE, J., concurs at page 39 infra.

This nation's first mechanics' lien law was enacted by the Maryland General Assembly 185 years ago. Laws of Maryland 1791, ch. 45, § 10. The statute, which may well have been drafted by Maryland's venerable Thomas Johnson,1 applied only to that section...

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