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MILTON SOMMERS, INC. v. EQUITABLE BANK, NAT. ASS'N

No. 1346, September Term, 1987.

76 Md. App. 13 (1988)

543 A.2d 377

MILTON SOMMERS, INC. v. EQUITABLE BANK, NATIONAL ASSOCIATION.

Court of Special Appeals of Maryland.

July 8, 1988.

Attorney(s) appearing for the Case

Franklin Tyng, Bel Air, and Eugene Hettleman, Baltimore, for appellant.

Stephen J. Hughes and Daniel R. Lanier (Mark D. Gately and Miles & Stockbridge, on the brief), Baltimore, for appellee.

Argued before BISHOP and ROSALYN B. BELL, JJ., and JAMES S. GETTY, Associate Judge of the Court of Special Appeals (retired), Specially Assigned.

BISHOP, Judge.

In this case we are asked to determine the relative priority rights of two creditors in certain real property owned by Norman Whittington not a party either before the trial court or before this Court.1 Milton Sommers, Inc., the holder of a confessed judgment note executed by a partnership of which Whittington is one of the ten co-partners, appeals from the judgment of the Circuit Court for Somerset County (Simpkins, J....

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