SEC., DEP'T OF PERSONNEL v. BENDER

No. 658, September Term, 1979.

44 Md. App. 714 (1980)

411 A.2d 107

SECRETARY, MARYLAND DEPARTMENT OF PERSONNEL ET AL. v. PAUL G. BENDER ET AL.

Court of Special Appeals of Maryland.

Decided February 11, 1980.


Attorney(s) appearing for the Case

Scott Livingston, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, William M. Huddles, Assistant Attorney General, James F. Truitt, Jr., Assistant Attorney General, and Robert B. Harrison, III, Assistant Attorney General, on the brief, for appellants.

James E. Carbine, with whom were J. Edward Davis and Weinberg & Green on the brief, for appellees.

The cause was argued before MORTON, MOYLAN and LOWE, JJ.


LOWE, J., delivered the opinion of the Court.

Over five years ago appellees filed this suit under the Declaratory Judgment Act challenging the legality of more than 350 positions in the Department of Transportation. Under Maryland statutory law, Md. Code, Art. 64A, § 1, unless specifically excepted, all positions of government employment are deemed to be in the classified service, considered as the merit system, under which each position is given a classification...

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