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RICHARD F. KLINE, INC. v. SHOOK EXCAVATING & HAULING, INC.

No. 592, September Term, 2004.

885 A.2d 381 (2005)

165 Md. App. 262

RICHARD F. KLINE, INC. et al. v. SHOOK EXCAVATING & HAULING, INC.

Court of Special Appeals of Maryland.

October 31, 2005.

Attorney(s) appearing for the Case

Scott D. Miller (Weinberg & Miller, LLC, on brief), Frederick, for appellant.

William R. Nicklas, Jr. (Nicklas & Sinton, PA, on brief), Frederick, for appellee.

Panel DAVIS, DEBORAH S. EYLER, ROBERT L. KARWACKI, retired, (specially assigned), JJ.

DAVIS, J.

Richard F. Kline, Inc., et al., appellant, appeals from a judgment entered on April 29, 2004, by the Circuit Court for Frederick County, in favor of appellee, Shook Excavating & Hauling, Inc, against appellant in the amount of $389,938.11 for breach of contract. The court had previously, in denying appellant's motion for summary judgment, determined that Article XIX of the subcontract entered into by appellant...

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