A federal appeals court has ordered the return of a $2.8 million donation to the Lubavitchers — an orthodox Jewish movement — because the group failed to use the funds to open and name a school in Brooklyn by an agreed-upon deadline.

The ruling in Dickler v. CIGNA Property and Casualty Co. is a victory for attorney Gary A. Rosen of Saul Ewing Remick & Saul, whose clients made the donation to the Friends of Beth Rivkah Schools conditioned on the promise that it would be used to construct a school in Crown Heights by Dec. 31, 1995.

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