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CITY OF BALTIMORE v. OHIO CAS. INS. CO.

No. 387, September Term, 1981.

50 Md. App. 455 (1982)

438 A.2d 933

MAYOR AND CITY COUNCIL OF BALTIMORE v. OHIO CASUALTY INSURANCE COMPANY ET AL.

Court of Special Appeals of Maryland.

Decided January 7, 1982.

Attorney(s) appearing for the Case

William R. Phelan, Jr., Assistant City Solicitor of Baltimore, with whom were Benjamin L. Brown, City Solicitor of Baltimore and J. Warren Eberhardt, Assistant City Solicitor of Baltimore, on the brief, for appellant.

Lee H. Ogburn, with whom was Andrew Jay Graham on the brief, for appellee Athens General Contractors, Inc. Robert Phillip Thompson on the brief for appellee G & M Painting Co., Inc. George J. Bachrach on the brief for appellee Ohio Casualty Insurance Company, Inc.

The cause was argued before MOYLAN, MOORE and COUCH, JJ.

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

The principal questions in this appeal from an order that the City of Baltimore pay the remaining sum due on a masonry contract arise from the denial by the Superior Court of Baltimore City (Greenfeld, J.) of the City's motions for summary judgment, directed verdict, new trial and/or judgment n.o.v. The questions are:

1) Should a contract between a municipal agency and a private company be interpreted...

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