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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MONTROSE EDUCATIONAL SERVICES, INC., Plaintiff, * v. * SYLVAN LEARNING SYSTEMS, INC. a/k/a LAUREATE EDUCATION, INC. and SYLVAN LEARNING SYSTEMS, INC. a/k/a EDUCATE, INC., Defendants. * * * * * * * * * * * * * * * * * Civil Action No.: RDB 06-308 * *

MEMORANDUM OPINION This action arises out of a Complaint filed by Montrose Educational Services, Inc. ("Montrose" or "Plaintiff") against Sylvan Learning Systems, Inc., a/k/a Laureate Education, Inc. ("Laureate") and Sylvan Learning Systems, Inc., a/k/a Educate, Inc. ("Educate") (collectively "Sylvan" or "Defendants"1). The Complaint alleges that Defendants made fraudulent representations to induce Plaintiff to enter into a franchise agreement and then breached their contractual duties by failing to provide Plaintiff with proper assistance. Pending before this Court is the Defendants' Motion to Dismiss the First Amended Complaint or, in the Alternative, Motion for Summary Judgment. This Court has jurisdiction based on diversity of citizenship under 28 U.S.C.

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