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ANGELOS v. MARYLAND CASUALTY CO.

No. 331, September Term, 1977.

38 Md. App. 265 (1977)

380 A.2d 646

PETER ANGELOS ET AL. v. MARYLAND CASUALTY COMPANY.

Court of Special Appeals of Maryland.

Decided December 12, 1977.

Attorney(s) appearing for the Case

Glenn B. Harten and Michael A. Amselmi for appellant Peter Angelos. Gregory S. Hrebiniak, with whom were M. Carr Ferguson, Assistant Attorney General, John J. McCarthy, Edward J. Snyder and Jervis S. Finney, United States Attorney and Herbert Better, Assistant United States Attorney, on the brief, for appellant United States of America.

Gordon Murray and Julian I. Jacobs, with whom was Allen Handen on the brief, for appellee.

The cause was argued before DAVIDSON, LOWE and WILNER, JJ.

LOWE, J., delivered the opinion of the Court.

The Circuit Court for Calvert County was called upon to determine the priorities to the surplus proceeds from a second mortgage foreclosure sale as between the holder of a third mortgage, Peter Angelos, and a judgment creditor, Maryland Casualty Company. The Angelos' third mortgage had been executed before, but recorded after, the institution of a suit by Maryland Casualty Company, whose debt had been subsequently reduced...

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