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EBERLY v. BALDUCCI

No. 378, September Term, 1984.

61 Md. App. 80 (1984)

484 A.2d 1043

HENRY M. EBERLY, ET UX. v. LARRY S. BALDUCCI AND JOSEPH P. McMAHON, TRUSTEES.

Court of Special Appeals of Maryland.

Certiorari Granted April 9, 1985.

Attorney(s) appearing for the Case

Joseph F. McBride, Silver Spring, for appellants.

No brief or appearance by appellees Counsel.

Argued before WILNER, BISHOP and GARRITY, JJ.

BISHOP, Judge.

Henry and Delores Eberly (the mortgagors), appeal an order of the Circuit Court for Prince George's County (Robert Mason, J.) which dismissed their petition for "Ex Parte and/or Interlocutory Injunction" to prohibit a deed of trust foreclosure action on the ground that the injunction was barred by the doctrine of res judicata. The basis of this holding was our February 15, 1983, unreported decision in Balducci v. Eberly, No. 822, September...

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