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Sanner v. Trustees of Sheppard

United States Court of Appeals, Fourth Circuit
Jul 1, 1968
398 F.2d 226 (4th Cir. 1968)

Opinion

No. 12207.

Argued June 20, 1968.

Decided July 1, 1968. Certiorari Denied December 9, 1968. See 89 S.Ct. 453.

D. Robert Cervera, Washington, D.C., (Joseph I. Huesman, Baltimore, Md., on the brief) for appellants.

Norman P. Ramsey, Baltimore, Md., (James D. Peacock and Cleaveland D. Miller; and Semmes, Bowen Semmes, Baltimore, Md., on the brief) for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.


Except for an important statutory relaxation in 1966, Maryland judicially adheres to the so called doctrine of charitable immunity. Ordinarily such a matter is one of state law. Erie R.R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). We have carefully considered plaintiff's interesting contention that the state of Maryland may not constitutionally cling to this judge-made, and increasingly questioned, doctrine. We reject the contention and affirm the granting of summary judgment in favor of the charitable institution, D.C., 278 F. Supp. 138.

Maryland Code Annotated Art. 43 § 556A (Supp. 1966).

Affirmed.


Summaries of

Sanner v. Trustees of Sheppard

United States Court of Appeals, Fourth Circuit
Jul 1, 1968
398 F.2d 226 (4th Cir. 1968)
Case details for

Sanner v. Trustees of Sheppard

Case Details

Full title:Cecil B. SANNER and Mary W. Sanner, Appellants, v. The TRUSTEES OF the…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 1, 1968

Citations

398 F.2d 226 (4th Cir. 1968)

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