AUSTIN v. CITY OF BALTIMORE

[No. 132, September Term, 1978.]

286 Md. 51 (1979)

405 A.2d 255

MARTHA AUSTIN v. MAYOR AND CITY COUNCIL OF BALTIMORE

Court of Appeals of Maryland.

Decided September 13, 1979.


Attorney(s) appearing for the Case

Paul D. Bekman and William H. Engelman, with whom were Harriet E. Cooperman and Kaplan, Heyman, Greenberg, Engelman & Belgrade, P.A. on the brief, for appellant.

Amicus curiae brief filed by Maryland Trial Lawyers' Association, Inc., Leo A. Hughes, Jr., and David E. Furrer on the brief.

William R. Phelan, Jr., Assistant City Solicitor, with whom were Benjamin L. Brown, City Solicitor, William Hughes, Associate City Solicitor, and Otho M. Thompson, Chief Solicitor, on the brief, for appellee.

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


ORTH, J., delivered the opinion of the Court. ELDRIDGE, J., filed an opinion concurring in part and dissenting in part, in which SMITH, J., concurs with Part I, at page 67 infra. COLE, J., filed a dissenting opinion at page 78 infra.

"The doctrine of sovereign immunity from suit, rooted in the ancient common law, is firmly embedded in the law of Maryland."1 Katz v. Wash. Suburban...

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