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FRANZEN v. DUBINOK

No. 1211, September Term, 1979.

45 Md. App. 728 (1980)

415 A.2d 621

MARVIN C. FRANZEN v. EDWARD ROBERT DUBINOK ET UX.

Court of Special Appeals of Maryland.

Decided June 13, 1980.

Attorney(s) appearing for the Case

C. Clarke Raley, with whom was George R. Sparling on the brief, for appellant.

Richard D. Fritz for appellees.

The cause was argued before GILBERT, C.J., and MacDANIEL and WEANT, JJ.

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

Edward Robert Dubinok and Henrietta Dubinok, his wife, (appellees) instituted an action ex delicto in the Circuit Court for St. Mary's County, Maryland, against Marvin C. Franzen (appellant), seeking compensatory and punitive damages on account of an alleged trespass (Count 1) and nuisance (Count 2) caused by an increase and change in the natural flow of surface waters. Appellees further requested a permanent...

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