CAPLAN BROS. v. VILLAGE OF CROSS KEYS

[No. 67, September Term, 1975.]

277 Md. 41 (1976)

353 A.2d 237

CAPLAN BROS., INC. v. THE VILLAGE OF CROSS KEYS, INC.

Court of Appeals of Maryland.

Decided February 11, 1976.


Attorney(s) appearing for the Case

Robert Allen Sapero, with whom were Gerard King Stevens and Sapero & Sapero on the brief, for appellant.

Amicus Curiae brief filed by American Subcontractors Association of Baltimore, Inc., Charles Yumkas, Max S. Stadfeld and Blum, Yumkas, Mailman & Gutman on the brief.

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.

Michael J. Schwarz, with whom were Needle, Ehudin & Schwarz on the brief, for appellee.

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


SINGLEY, J., delivered the opinion of the Court. LEVINE and ELDRIDGE, JJ., concur in the result.

When we granted certiorari while this case was pending in the Court of Special Appeals, we were of the impression that the result would be controlled by Barry Properties, Inc. v. Fick Bros. Roofing Co., 277 Md. 15, 353 A.2d 222 (1976). Because of the...

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