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STAUFFER CONSTR. CO. v. TATE ENG'R, INC.

No. 257, September Term, 1979.

44 Md. App. 240 (1979)

407 A.2d 1191

STAUFFER CONSTRUCTION CO., INC. ET AL. v. TATE ENGINEERING, INC. ET AL.

Court of Special Appeals of Maryland.

Decided November 14, 1979.

Attorney(s) appearing for the Case

Submitted on brief by Francis J. Pelland and Sadur & Pelland, Chartered for appellants.

Joseph V. Truhe, Jr., with whom were James L. Thompson and Miller, Miller & Canby, Chartered on the brief, for appellees.

The cause was argued before THOMPSON, MOYLAN and MOORE, JJ.

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

In this appeal we are asked to decide the timeliness of a notice of non-payment, by a subcontractor's subcontractor under the "Little Miller Act", Md. Code, Real Property Article, § 9-113. We think the notice was timely.

The facts surrounding the dispute are as follows: Stauffer Construction Co., Inc. (Stauffer) one of the appellants, was the prime contractor for certain alterations and additions...

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