POFFENBERGER v. RISSER

[No. 109, September Term, 1980.]

290 Md. 631 (1981)

431 A.2d 677

HOWARD W. POFFENBERGER, JR. v. DONALD E. RISSER ET AL.

Court of Appeals of Maryland.

Decided July 9, 1981.


Attorney(s) appearing for the Case

Russell R. Marks, with whom were Kenneth J. Mackley and Mackley, Gilbert & Marks on the brief, for appellant.

Conrad W. Varner for appellees.

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


DIGGES, J., delivered the opinion of the Court. MURPHY, C.J., and RODOWSKY, J., concur in the result. RODOWSKY, J., filed a concurring opinion at page 638 infra, in which MURPHY, C.J., joins.

After the Court of Special Appeals affirmed the summary judgment entered by the Circuit Court for Washington County in favor of respondent-defendant Donald E. Risser, we granted certiorari to consider the propriety of the trial court's determination that this suit instituted...

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