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GOLDSTEIN v. POTOMAC ELECTRIC POWER COMPANY

No. 77-1658.

607 F.2d 1080 (1979)

Joseph I. GOLDSTEIN, Shirley H. Goldstein and Star Enterprises, Ltd., Appellants, v. POTOMAC ELECTRIC POWER COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 19, 1979.

Attorney(s) appearing for the Case

Stephen D. Annand, Alexandria, Va. (Geoffrey Judd Vitt, Cohen, Vitt & Annand, Alexandria, Va., on brief), for appellants.

Hal C. B. Clagett, Upper Marlboro, Md. (Nicholas D. Ward, Thomas E. O'Dea, Washington, D. C., on brief), for appellee.

Before WINTER, BUTZNER and HALL, Circuit Judges.

PER CURIAM:

On August 21, 1979, the Court of Appeals of Maryland filed an opinion answering the dispositive question of state law that we certified to it pursuant to Ann.Code of Md., Cts. & Jud.Proc., §§ 12-601 et seq. (1974). The question we certified was:

Where a nearby landowner seeks permanent damages from a public utility company whose operations constitute a continuing nuisance, is plaintiff barred by reason of Ann.Code of Md.,...

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