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SIMARD v. WHITE

No. 96, Sept. Term, 2003.

859 A.2d 168 (2004)

383 Md. 257

David J. SIMARD v. Elizabeth A. WHITE, et al.

Court of Appeals of Maryland.

October 7, 2004.

Attorney(s) appearing for the Case

George Z. Petros, Camp Springs, for petitioner.

Worthington H. Talcott, Jr. (Shulman, Rogers, Gandal, Pordy & Ecker, P.A. of Rockville), on brief for respondents.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and JOHN C. ELDRIDGE (retired, specially assigned), JJ.

CATHELL, Judge.

This case arises out of conflicting claims to the excess funds1 resulting from a resale after a purchaser defaulted in a prior foreclosure proceeding in respect to property located in Prince George's County.2 David J. Simard, petitioner, the original and subsequent purchaser, challenges a Court of Special Appeals' decision allowing the contractual waiver of petitioner's alleged common-law entitlement...

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