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Session Laws, 1972
Volume 708, Page 1191   View pdf image
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Marvin Mandel, Governor                       1191

Attorney General or any person to perform any duty imposed by the
provisions of this section, and all other petitions in connection with
a demand may be filed in the Circuit Court of the county or Baltimore
City, where the parties reside.

(8) Whenever any person fails to comply with any civil investiga-
tive demand for documentary material duly served upon him under
this section, or whenever satisfactory copying or reproduction of
any such material cannot be done and such person refuses to surrender
such material, the Attorney General may file, in the Circuit Court of
the county or Baltimore City, in which such person resides, is found,
or transacts business, and serve upon such person a petition for an
order of such court for the enforcement of this section, except that
if such person transacts business in more than one county such peti-
tion shall be filed in the county or Baltimore City in which such
person maintains his principal place of business, or in such other
county or Baltimore City as may be agreed upon by the parties to
such petition. Whenever any petition is filed in the Circuit Court of
any county or Baltimore City, under this section, such court shall
have jurisdiction to hear and determine the matter so presented and
to enter such order or orders as may be required to carry into effect
the provisions of this section. Disobedience of any order entered
under this section by any court shall be punished as a contempt
thereof.

45.    State Judgment as Evidence.

A final judgment or decree rendered in any civil or criminal pro-
ceeding brought by the Attorney General under this subtitle to the
effect that a defendant has violated this subtitle shall be prima facie
evidence against such defendant in any action for damages brought
by another party against such defendant under subsection (2) of
Section 41 of this subtitle, as to all matters respecting which said
judgment or decree would be an estoppel as between the parties
thereto: provided, that this section shall not apply to civil consent
judgments or decrees entered before any testimony has been taken.

46.    Limitation period.

Any action brought to enforce the provisions of this subtitle shall
be barred unless commenced within 4 years after the cause of action
accrued. No cause of action barred on the effective date of this
subtitle shall be revived by this subtitle. For the purpose of this
section, a cause of action for a continuing violation is deemed to
arise as of the time of the latest violation.

47.    Cooperation with Federal Government and with other States.

The Attorney General may cooperate with officials of the Federal
Government and the several states in the enforcement of this act.

48.    Severability.

If any portion of this subtitle or its application to any person or
circumstances is held to be invalid for any reason, then the remainder
of this subtitle and each and every other provision thereof shall not
be affected thereby.


 

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Session Laws, 1972
Volume 708, Page 1191   View pdf image
 Jump to  
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