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FOP LODGE NO. 4 v. BALTIMORE CO.

No. 3, September Term, 2012.

57 A.3d 425 (2012)

429 Md. 533

BALTIMORE COUNTY FRATERNAL ORDER OF POLICE LODGE NO. 4 v. BALTIMORE COUNTY, Maryland.

Court of Appeals of Maryland.

Reconsideration Denied January 18, 2013.

Attorney(s) appearing for the Case

Jeffrey L. Gibbs ( Matthew Clash-Drexler and Raphael N. Rajendra of Bredhoff & Kaiser, P.L.L.C., Washington, DC), on brief, for petitioner.

James J. Nolan, Jr. , Asst. Co. Atty. ( Michael E. Field , Co. Atty. of the Baltimore County Office of Law, Towson, MD), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and McDONALD, JJ.

ADKINS, J.

The central issue in this appeal is whether a duty to arbitrate may survive expiration of the agreement that contains the arbitration clause. The seemingly1 peripheral issue is who decides this question initially: the arbitrator or the court. An additional consideration lurking beneath the surface of these two questions, but necessary to their resolution, is when a dispute may be said...

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