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DEPARTMENT OF HEALTH v. PHOEBUS

No. 126, September Term, 1988.

319 Md. 710 (1990)

575 A.2d 335

MARYLAND STATE DEPARTMENT OF HEALTH AND MENTAL HYGIENE v. EDWARD G. PHOEBUS.

Court of Appeals of Maryland.

June 26, 1990.

Attorney(s) appearing for the Case

Andrew H. Baida, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Ralph S. Tyler and Daniel J. O'Brien, Jr., Asst. Attys. Gen., on brief), Baltimore, for petitioner.

Robin R. Cockey (Banks, Nason, Hickson & Sullivan, P.A., on brief), Salisbury, for respondent.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, McAULIFFE, and ADKINS, JJ., BLACKWELL, J. (retired), and JAMES F. COUCH, Jr., J. (retired, specially assigned).

ELDRIDGE, Judge.

Edward G. Phoebus was employed by the State of Maryland for 18 years. For the last 13 years of his employment he was Director of Deer's Head Center, which is a facility of the State Department of Health and Mental Hygiene (DHMH). Mr. Phoebus was an unclassified employee while he was Director of Deer's Head Center.

On October 1, 1986, Mr. Phoebus had a telephone conversation with his immediate supervisor, Dr. Patricia Smith, and the conversation...

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