AMERICAN STRUCTURES, INC.
v.
MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.
Court of Appeals of Maryland.https://leagle.com/images/logo.png
Decided October 7, 1976.
Decided October 7, 1976.
Attorney(s) appearing for the Case
Adrian L. Bastianelli, III, with whom were Hudson, Creyke, Koehler & Tacke, Jay V. Strong, Jr., and Edward L. Blanton, Jr., on the brief, for appellant.
Amicus curiae brief filed by Baltimore Contractors, Inc., H. Vernon Eney, Robert R. Bair, John W. Scheflen and Vendable, Baetjer & Howard on the brief.
Amicus curiae brief filed by Stamford Construction Company, Stanley B. Rohd and Whiteford, Taylor, Preston, Trimble & Johnston on the brief.
James R. Avnet, Special Attorney, with whom were Francis B. Burch, Attorney General, J. Michael McWilliams, Assistant Attorney General, and Nolan H. Rogers, Special Assistant Attorney General, on the brief, for State Highway Administration, part of appellees. Allan B. Blumberg, Chief Solicitor, with whom were Benjamin L. Brown, City Solicitor, Ambrose T. Hartman, Deputy City Solicitor, and Otho M. Thompson, Assistant City Solicitor, on the brief, for Mayor and City Council of Baltimore, other appellee.
The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.
Court of Appeals of Maryland.
SINGLEY, J., delivered the opinion of the Court.
This case presents the issue whether a municipality, here the City of Baltimore (the City), may interpose the defense of sovereign immunity in an action in contract. We granted certiorari after the case had been docketed but before it was argued in the Court of Special Appeals.
In May, 1974, the City entered into a contract with American Structures, Inc. (the Contractor...
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