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IN THE COURT OF APPEALS OF MARYLAND

No. 88 September Term, 2008

INT'L ASSOC. OF FIRE FIGHTERS, LOCAL 1715, CUMBERLAND FIREFIGHTERS, et al. v. THE MAYOR AND CITY COUNCIL OF CUMBERLAND, et al.

Bell, C.J. Harrell Battaglia Greene Murphy Adkins Barbera, JJ.

PER CURIAM ORDER

Filed: September 15, 2008

INT'L ASSOC. OF FIRE FIGHTERS,* LOCAL 1715, CUMBERLAND FIREFIGHTERS, et al. * v. *

In the Court of Appeals of Maryland No. 88 September Term, 2008

* THE MAYOR AND CITY COUNCIL OF CUMBERLAND, et al. *

PER CURIAM ORDER

For reasons to be stated in an opinion later to be filed, it is this 15th day of September, 2008, ORDERED, by the Court of Appeals of Maryland, that the

judgment of the Circuit Court for Allegany County granting, for the reasons relied on in its Memorandum and Order of September 10, 2008,the Motion for Summary Judgment filed by the Mayor and City Council of Cumberland and the Motion to Dismiss filed by the Allegany County Board of Elections be, and the same is hereby, reversed; and it is further ORDERED, that this matter be remanded to the Circuit Court for Allegany County for further proceedings, as necessary, but not inconsistent with, for purposes of determining whether Appellants submitted the requisite number of signatures, the following

principles: (a) considering active and inactive voters, as well as the three voters registered only to vote in Cumberland's general elections, in determining the requisite number of signatures;

and (b) treating the Appellants' July 25, 2008 and August 18, 2008, submissions of signatures as a single submission; and it is further ORDERED, costs to be divided equally between the Appellees. Mandate to issue forthwith.

/s/ Robert M. Bell Chief Judge



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Maryland Law