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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

QWEST COMMUNICATIONS CORPORATION : Plaintiff v. MARYLAND-NATIONAL CAPITAL PARK & PLANNING COMMISSION Defendant : ORDER Upon consideration of Defendant Maryland-National Capital Park and Planning Commission's Preliminary Motion to Dismiss for Failure to State a Claim [Paper No. 4], the opposition and reply thereto, the arguments of counsel presented at the hearing conducted before the undersigned on February 8, 2008, and for the reasons stated in the accompanying Memorandum Opinion, it is this 16th day of May, 2008, by the United States District Court for the District of Maryland, ORDERED, that Defendant Maryland-National Capital Park and Planning Commission's Preliminary Motion to Dismiss for Failure to State a Claim [Paper No. 4] is GRANTED; and it is further ORDERED, that Plaintiff is granted leave to amend its Complaint in accordance with this Order and the accompanying Memorandum Opinion within thirty (30) days from the date of entry of this Order. : : Civil Action No. RWT 07-2199 : :

/s/ ROGER W. TITUS UNITED STATES DISTRICT JUDGE



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