Holy Cross Hospital of Silver Spring, Inc. v. Maryland Employment Security Administration

Eldridge, Cole and Davidson, JJ., dissent. Davidson, J., filed a dissenting opinion at page 701 infra, in which Eldridge and Cole, JJ, join.

In this case appellee Employment Security *687Administration (ESA) erroneously paid out a substantial sum in benefits to a former employee of appellant Holy Cross Hospital of Silver Spring, Inc. (the employer or Holy Cross). We are concerned with the question of whether that sum comes within the purview of Maryland Code (1957, 1979 Repl. Vol.) Art. 95A, § 8 (d) (2) requiring a nonprofit organization electing pursuant to the statute in lieu of paying the…