B.P. OIL CORP. v. MABE

[No. 43, September Term, 1976.]

279 Md. 632 (1977)

370 A.2d 554

B.P. OIL CORPORATION v. CLAUDE J. MABE

Court of Appeals of Maryland.

Decided March 18, 1977.


Attorney(s) appearing for the Case

Argued and reargued by Wilbur D. Preston, Jr., with whom were B. Ford Davis and Whiteford, Taylor, Preston, Trimble & Johnston on the brief, for appellant.

Amicus curiae brief filed by Exxon Corporation, Lewis A. Noonberg, Edward S. Digges, Jr., David F. Tufaro, Piper & Marbury and Richard P. Delaney on the brief.

Argued and reargued by Gordon W. Priest, Jr., and Peter Parker, with whom were White, Page & Lentz on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, LEVINE and ELDRIDGE, JJ., and reargued before MURPHY, C.J., and SINGLEY, SMITH, LEVINE and ELDRIDGE, JJ., and JAMES MACGILL, Chief Judge of the Fifth Judicial Circuit and JOHN E. RAINE, JR., Chief Judge of the Third Judicial Circuit, specially assigned.


SMITH, J., delivered the opinion of the Court. LEVINE, J., dissents and filed a dissenting opinion at page 649 infra.

The issue presented in this case is whether appellee, Claude J. Mabe (Mabe), established that a service station operator, Lonnie Faison (Faison), was an agent of appellant, B.P. Oil Corporation (BP). The Court of Special Appeals held in Mabe v. B.P. Oil Corp., 31 Md.App. 221, 356 A...

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