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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND LAWRENCE F. HALPERT, D.D.S., Plaintiff, v. * * * Civil Action No.: RDB 05-2776

DENTAL CARE ALLIANCE, LLC, et al., * Defendants. * * * * * * * * * * * * * *

MEMORANDUM OPINION This action arises out of a Complaint that Plaintiff Lawrence F. Halpert, D.D.S. ("Plaintiff" or "Halpert") filed against Defendants Dental Care Alliance, LLC, Steven R. Matzkin, Mitchell Olan, and David Nichols (collectively, "Defendants"). Pending before this Court are cross-Motions for Summary Judgment. (Paper Nos. 34 & 37.) The primary issue raised by these papers is whether Defendant Dental Care Alliance, LLC's agreement to assume another company's contractual obligation to pay Plaintiff $250,000 is enforceable. Plaintiff argues that the agreement is valid and that Plaintiff is its intended beneficiary. Defendants maintain that the agreement is void as a matter of law. This Court has jurisdiction under 28 U.S.C.

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