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Md. Court of Special Appeals revives claim against Baltimore school board.

Daily Record (Baltimore, MD)

| March 04, 2004 | COPYRIGHT 2003 Dolan Media Newswires. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: Peter Geier

A $284,750 lawsuit against the Baltimore City school board over payment for a private educational contractor's "Drop-Back-In" program is going to drop right back in the city circuit court.

The Court of Special Appeals yesterday reinstated the unjust enrichment claim of Towson-based Alternatives Unlimited Inc. and its president, former Baltimore County School Superintendent Stuart Berger, against New Baltimore City Board of School Commissioners.

"On the facts of this case, there may survive a small kernel of viability permitting Alternatives to see what it can develop at the trial table," retired Judge Charles E. Moylan wrote for the court. "The window of opportunity is small, but it is there."

Douglas B. Riley, the lawyer who handled Alternatives Unlimited's case on appeal and drafted its original complaint, said he and his client are "very pleased" with the…

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