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Argued February 10, 2000

Opinion for the court by Associate Judge Glickman. Concurring opinion by Associate Judge Ruiz.

Edmondson and Gallagher (“E&G”), a real estate development firm, contracted to purchase Alban Towers, an apartment building in Northwest Washington, D.C., from Georgetown University. The deal fell through because E&G no longer could secure adequate financing following a prolonged quiet title action against the Alban Towers Tenants Association (“ATTA”), which had attempted without success to exercise the tenants’ right to purchase the building themselves. Three years later, E&G sued ATTA and ATTA’s lawyers, Richard A. Gross and his law firm, Foley, Hoag & Eliot LLP (“Foley Hoag”), for interfering with its contract to purchase Alban Towers by clouding title to the property and litigating the quiet title action dishonestly and in bad faith. The case eventually went to trial, and the jury returned a verdict in favor of E&G against Gross and Foley Hoag.

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