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MORTGAGE INV. v. CITIZENS BANK AND TRUST CO.

[No. 16, September Term, 1976.]

278 Md. 505 (1976)

366 A.2d 47

MORTGAGE INVESTORS OF WASHINGTON v. CITIZENS BANK AND TRUST COMPANY OF MARYLAND

Court of Appeals of Maryland.

Motion for reconsideration filed December 23, 1976.

Denied January 3, 1977.

Attorney(s) appearing for the Case

David E. Betts, with whom were Betts, Clogg & Murdock, Allan A. Noble, Clancy & Pfeifer, Andrew S. Krulwich, Robert H. Winter, Patrick F.J. Macrory and Arnold & Porter on the brief, for appellant.

Ronald A. Baradel, with whom were C.E. Hartman, L and Hartman & Crain on the brief, for appellee.

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

SINGLEY, J., delivered the opinion of the Court. LEVINE, J., dissents and filed a dissenting opinion at page 511 infra.

This case presents the question whether a court should consider the reasonableness of an attorney's collection fee when it is derived from an application of a percentage stipulated in a note to the amount of the recovery. The Circuit Court for Montgomery County concluded that it should not. The Court...

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