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PROCTOR v. WMATA

Misc. No. 1 September Term, 2009.

990 A.2d 1048 (2010)

412 Md. 691

Sylvester L. PROCTOR, et ux. v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.

Court of Appeals of Maryland.

March 12, 2010.

Attorney(s) appearing for the Case

Andrew H. Baida (Caroline L. Hecker of Rosenberg, Martin, Greenberg, LLP, Baltimore, MD; John B. Low of Law Offices of John B. Low, P.A., Temple Hills, MD), on brief, for Appellants.

Gerard J. Stief, Senior Associate Gen. Counsel (Carol B. O'Keeffe, Gen. Counsel, Mark F. Sullivan, Deputy Gen. Counsel, and Nicholas S. Nunzio, Jr., Asst. Gen. Counsel, Washington, DC), on brief, for Appellee.

Brief of the state of Maryland as Amicus Curiae: Douglas F. Gansler, Esquire Atty. Gen. of Maryland, William F. Brockman, Esquire, Deputy Sol. Gen., Baltimore, MD

ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

GREENE, Judge.

We have before us questions of law certified by the United States District Court for the District of Maryland pursuant to the Maryland Uniform Certification of Questions of Law Act, Md.Code (1973, 2006 Repl.Vol.), § § 12-601 to 12-613 of the Courts and Judicial Proceedings Article and Maryland Rule 8-305. The District Court has asked us to determine whether the waiver of sovereign immunity provision contained in Md.Code (1984, 2009 Repl.Vol...

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