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MARYLAND MILITARY DEPT. v. CHERRY

No. 98, Sept. Term, 2003.

854 A.2d 1200 (2004)

382 Md. 117

MARYLAND MILITARY DEPARTMENT, et al. v. Bryan CHERRY, et al.

Court of Appeals of Maryland.

July 27, 2004.

Attorney(s) appearing for the Case

Col. Stephen M. Doyle (Judge Advocate General's Corps, Maryland Army Nat. Guard, J. Joseph Curran, Jr., Atty. Gen., Laura C. McWeeney, Melissa S. Whipkey, Asst. Atty. Generals, on brief), for petitioners.

John F. Conwell (Davis & Associates Law Offices, P.A., Towson, on brief), for respondents.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

RAKER, J.

This case presents the question of whether Military Department airport firefighters may bring a direct suit in the circuit courts of this State against the State for overtime wages for attending National Guard drills, annual training and other federally mandated military training. Respondents, present and former Maryland Military Department airport firefighters, filed suit in the Circuit Court for Anne Arundel...

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