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Circuit Co urt for An ne Arun del Coun ty Case No. C-2002-77099 IN THE COURT OF APPEALS OF MARYLAND No. 98 September Term, 2003 ______________________________________________ MARYLAND M ILITARY DEPARTMENT, ET AL. v. BRYAN CHERRY, ET AL. ______________________________________________ Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ. ______________________________________________ Opinion by Raker, J. ______________________________________________ Filed: July 27, 2004

This case presents the question of whether Military Department airport firefighters may bring a direct suit in the circuit courts of this State against the State for overtime wages for attending National Guard drills, annual training and other federally mandated military training. Respondents, present and former Maryland Military Department airport

firefighters, filed suit in the Circuit Court for Anne Arundel County against the Military Department and the Adjutant General. We shall hold that the Circuit Court lacks jurisdiction because the administrative grievance procedure set forth in Maryland Code (1993, 1997 Repl. Vol., 2003 Cum. Supp.)

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Maryland Law