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FRATERNAL ORDER OF POLICE v. PRINCE GEORGE'S

No. 09-2187.

608 F.3d 183 (2010)

FRATERNAL ORDER OF POLICE LODGE NO. 89; International Fire Fighters Association, Prince George's County Local 1619, Inc.; Deputy Sheriff's Association, Prince George's County; Prince George's County Correctional Officers Association, Inc.; Police Civilian Employees Association; Ismael V. Canales; Douglas Bartholomew; Robert A. Cease; Curtis Knowles; Arthur C. Emery; Maryland Public Employees Council 67, a/w American Federation of State, County and Municipal Employees, AFL-CIO; American Federation of State, County and Municipal Employees, AFL-CIO, Local 241; American Federation of State, County and Municipal Employees, AFL-CIO, Local 1170; American Federation of State, County and Municipal Employees, AFL-CIO, Local 2462; American Federation of State, County and Municipal Employees, AFL-CIO, Local 3389; American Federation Of State, and Municipal Employees, AFL-CIO, Local 2735, Plaintiffs-Appellees, v. PRINCE GEORGE'S COUNTY, MARYLAND, Defendant-Appellant. International Municipal Lawyers Association, Amicus Supporting Appellant, American Federation of Labor and Congress of Industrial Organizations, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 2010.

Attorney(s) appearing for the Case

ARGUED: William Walter Wilkins, Nexsen Pruet, Greenville, South Carolina, for Appellant. Bruce R. Lerner, Bredhoff & Kaiser, PLLC, Washington, D.C., for Appellees. ON BRIEF: Kirsten Small, Nexsen Pruet, Greenville, South Carolina, for Appellant. Joel A. Smith, Darragh L. Inman, Kahn, Smith & Collins, P.A., Baltimore, Maryland, for AFSCME Appellees; Andrew D. Roth, Jason Peckenpaugh, Laurence Gold, Bredhoff & Kaiser, PLLC, Washington, D.C., for Public-Safety Appellees. Charles W. Thompson, Jr., Devala A. Janardan, International Municipal Lawyers Association, Bethesda, Maryland, for Amicus Supporting Appellant. Lynn Rhinehart, James B. Coppess, AFL-CIO, Washington, D.C., for Amicus Supporting Appellees.

Reversed by published opinion. Judge KING wrote the opinion, in which Judge DAVIS and Senior Judge BEAM joined.

OPINION

KING, Circuit Judge.

The appellees—several labor unions as well as individuals represented by those unions (collectively, the "Unions")—initiated this declaratory and injunctive proceeding against appellant Prince George's County, Maryland (the "County"). Their three-count complaint alleges, on behalf of County employees covered by collective bargaining agreements (the "CBAs"), that an employee furlough plan implemented by the County...

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