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ANDY'S ICE CREAM v. SALISBURY

No. 80, Sept. Term, 1998.

724 A.2d 717 (1999)

125 Md. App. 125

ANDY'S ICE CREAM, INC. v. CITY OF SALISBURY, et al.

Court of Special Appeals of Maryland.

February 24, 1999.

Attorney(s) appearing for the Case

Alfred L. Scanlan, Jr. and Timothy C. Lynch (Scanlan, Rosen & Shar, LLC, Batimore, Robin R. Cockey and Cockey, Brennan & Maloney P.C., Salisbury, on the brief), for Appellant.

Robert A. Eaton of Salisbury, for appellee, City of Salisbury. William J. Chen, Jr. (Chen, Walsh, Tecler & McCabe, LLP, Rockville, on the brief), for Appellee, Salisbury Zoo Comm. (Donald C. Davis and Perdue, Rayne, Davis & White, Salisbury, on the brief), for Appellee, Flannery's Inc.

Argued before WENNER, DAVIS, and KENNEY, JJ.

KENNEY, Judge.

Appellant/cross-appellee, Andy's Ice Cream, Inc. ("Andy's"), bid unsuccessfully for a contract to sell food in an area within the City Park adjacent to the Salisbury Zoo. Andy's asserts that the Salisbury Zoo Commission, Inc. (the "Zoo Commission"), which made the contract decision, is both a public body and a unit or instrumentality of the City of Salisbury (the "City"), which, in turn,

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