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KASSAP v. SEITZ

No. 36, September Term, 1988.

315 Md. 155 (1989)

553 A.2d 714

SIGMUND KASSAP v. GREGORY SEITZ ET AL.

Court of Appeals of Maryland.

March 1, 1989.

Attorney(s) appearing for the Case

D. Christopher Ohly (Arnold M. Weiner, Joseph S. Kaufman, Melnicove, Kaufman, Weiner, Smouse & Garbis, P.A., Baltimore), for appellant.

Harlan I. Ettinger, Deputy Atty. Gen., Trenton, N.J., for appellees.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

ADKINS, Judge.

The question we are called upon to decide in the case before us is the proper allocation of the burden(s) of proof in a civil suit brought under the Electronic Surveillance Act; Maryland Code (1984 Repl.Vol., 1988 Cum.Supp.), Courts and Judicial Proceedings Article, §§ 10-401 — 10-4141 (the Act). In particular, we are presented with the question of which party carries the burden of persuading the trier of...

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