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JACKSON v. HOUSING OPP. COMM'N

[No. 166, September Term, 1979.]

289 Md. 118 (1980)

422 A.2d 376

JULIAN JACKSON ET AL. v. HOUSING OPPORTUNITIES COMMISSION OF MONTGOMERY COUNTY

Court of Appeals of Maryland.

Motion for reconsideration filed December 9, 1980.

Denied December 10, 1980.

Attorney(s) appearing for the Case

David S. Greene, with whom were Shapiro, Meiselman & Greene, Chartered on the brief, for appellants.

Amicus curiae brief of Carolyn Cramer, M. Michael Cramer, Joseph W. Pitterich and Levitan, Ezrine, Cramer, West & Weinstein, Chartered, Alan Raywid, Frances Chetwynd, Daniel Stark and Cole, Raywid & Braverman on the brief.

Daniel Karp, with whom were Donald C. Allen and Allen, Thieblot & Alexander on the brief, for appellee.

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

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

In this appeal we return to the field of sovereign immunity where the parties have found some ground which has not been plowed. At issue is whether the defense is available to the Housing Opportunities Commission of Montgomery County (the "HOC"), which is the housing authority of that county. Under the particular facts presented here, we hold that immunity which the HOC might otherwise enjoy has been partially waived...

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