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FOGLE v. H & G RESTAURANT, INC.

No. 69, September Term, 1994.

337 Md. 441 (1995)

WILLIAM A. FOGLE ET AL. v. H & G RESTAURANT, INC. ET AL.

Court of Appeals of Maryland.

Rehearing Denied March 27, 1995.

Attorney(s) appearing for the Case

Evelyn O. Cannon, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Andrew H. Baida, Elaine Patrick, Asst. Attys. Gen., all on brief), Baltimore, for petitioners.

George A. Nilson (Henry R. Lord, Lynette M. Phillips, Joan E. Quigley, Piper & Marbury, Baltimore, Broughton M. Earnest, Piper & Marbury, Easton, Patrick R. Tyson, David L. Smith, Constangy, Brooks and Smith, Atlanta, GA, John G. Billmyre, Henry & Price, of Easton, on brief), for respondents.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

MURPHY, Chief Judge.

This case concerns the propriety of granting an interlocutory injunction delaying the implementation throughout this State of § 09.12.23 of the Code of Maryland Regulations (COMAR) captioned: "Prohibition on Smoking in an Enclosed Workplace."

I.

The subject regulation was promulgated by the Commissioner of the Division of Labor and Industry (the Division) for the purpose of protecting Maryland employees from the hazards...

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