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CAINE v. CANTRELL

[No. 94, September Term, 1976.]

279 Md. 392 (1977)

369 A.2d 56

JAMES B. CAINE EX UX. v. DRUCILLA M. CANTRELL

Court of Appeals of Maryland.

Motion for reconsideration filed March 8, 1977.

Denied March 18, 1977.

Attorney(s) appearing for the Case

Raymond S. Smethurst, Jr., with whom were Sally D. Adkins and Adkins, Potts & Smethurst on the brief, for appellants.

Hamilton P. Fox, Jr., for appellee.

Amicus curiae brief filed by Department of Natural Resources, Francis B. Burch, Attorney General, Warren K. Rich and John B. Griffith, Assistant Attorneys General, on the brief.

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

SINGLEY, J., delivered the opinion of the court. ELDRIDGE, J., concurs in part and dissents in part and filed an opinion concurring in part and dissenting in part at page 400 infra.

On two occasions in the recent past, in Department of Natural Resources v. Ocean City, 274 Md. 1, 332 A.2d 630 (1975) and Department of Natural Resources v. Cropper, 274 Md. 25

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