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WESTFARM ASSOCIATES v. WASHINGTON SUB. SAN. COM'N

No. 94-1425.

66 F.3d 669 (1995)

WESTFARM ASSOCIATES LIMITED PARTNERSHIP, Plaintiff-Appellee, International Fabricare Institute, Defendant & Third Party Plaintiff-Appellee, v. WASHINGTON SUBURBAN SANITARY COMMISSION, Third Party Defendant-Appellant, and Prudential Insurance Company of America, Party in Interest.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1995.

Attorney(s) appearing for the Case

ARGUED: Randall Matthew Lutz, Smith, Somerville & Case, Baltimore, Maryland, for Appellant. Jeffrey Moore Johnson, Dickstein, Shapiro & Morin, L.L.P., Washington, DC, for Appellee. ON BRIEF: Patricia McHugh Lambert, Smith, Somerville & Case, Baltimore, Maryland; Nathan J. Greenbaum, General Counsel, Joel A. Kramer, Associate Counsel, Washington Suburban Sanitary Commission, Laurel, Maryland, for Appellant. Joel A. Fischman, Angus E. Crane, Dickstein, Shapiro & Morin, L.L.P., Washington, DC, for Appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Senior Judge BUTZNER joined.

OPINION

MURNAGHAN, Circuit Judge:

Defendant-appellant Washington Suburban Sanitary Commission ("WSSC") operates a sewer system for Montgomery County, Maryland and Prince George's County, Maryland. Plaintiff-appellee Westfarm Associates Limited Partnership ("Westfarm"), a developer of property, owns land adjacent to one of WSSC...

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