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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JAMES AND SHIRLEY WAYBRIGHT, as personal representatives and co-executors of the estate of ANDREW WAYBRIGHT, et al., Plaintiffs, * v. * FREDERICK COUNTY MARYLAND DEPARTMENT OF FIRE & RESCUE SERVICES, et al., Defendants. * * * * * * * * * * * * * * * * Civil Action No.: RDB 05-55 * * *

MEMORANDUM OPINION This action arises out of a Complaint originally filed in the Circuit Court for Frederick County, Maryland. The estate of Andrew Waybright and James and Shirley Waybright, as personal representatives and co-executors of the estate of Andrew Waybright (collectively, "Plaintiffs") brought this action against Jeffrey Coombe, Walter Murray, Stanley Poole, Mark McNeal, Andrew Marsh, David Gray, John L. Thompson, Jr., Richard Welden, Jan H. Gardner, Terre R. Rhoderick, and the Frederick County, Maryland Department of Fire and Rescue Services, an agency of Frederick County, Maryland (collectively, "Defendants").1 The case was removed to this Court based on federal question jurisdiction arising from allegations of violations of the United States Constitution. The Complaint seeks damages in connection with Defendants fall into three categories: (1) individuals who worked for the Frederick County, Maryland Department of Fire and Rescue Services, i.e., Jeffrey Coombe, Walter Murray, Stanley Poole, Mark McNeal, and Andrew Marsh; (2) members of the Board of Commissioners for Frederick County, Maryland, i.e., Commissioners David Gray, John L. Thompson, Jr., Richard Welden, Jan H. Gardner, and Terre R. Rhoderick; and (3) the municipal defendant, Frederick County, Maryland.
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the tragic and untimely death of firefighter recruit Andrew Waybright on July 3, 2002. Mr. Waybright died from heat exhaustion suffered in connection with physical training exercises administered by Defendant Jeffrey Coombe of the Frederick County, Maryland Department of Fire and Rescue Services. Currently pending before this Court are two Motions for Summary Judgment, one filed by Defendant Jeffrey Coombe and the other filed by the remaining Defendants. This Court has jurisdiction under 28 U.S.C.

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