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MERC.-SAFE DEP. AND TRUST CO. v. DELP & CHAPEL CONCRETE AND CONSTRUCTION CO.

No. 65, September Term, 1979.

44 Md. App. 34 (1979)

408 A.2d 1043

MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY v. DELP AND CHAPEL CONCRETE AND CONSTRUCTION COMPANY ET AL.

Court of Special Appeals of Maryland.

Decided November 6, 1979.

Attorney(s) appearing for the Case

Nell B. Strachan, with whom was Francis D. Murnaghan, Jr., on the brief, for appellant.

H. Emslie Parks, with whom were Wright & Parks on the brief, for appellees.

The cause was argued before LOWE, MASON and COUCH, JJ.

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

This appeal arises from a suit brought by appellees, Delp and Chapel Concrete and Construction Company (hereinafter D & C), a Maryland corporation, Andrew V. Caldwell, Jr., D & C's trustee in receivership, R. John Chapel, Virginia Chapel, Logan Delp and Eulalia Delp, against appellant, Mercantile-Safe Deposit and Trust Company (hereinafter Mercantile). D & C's declaration contained three counts. In Count One...

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