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EDUCATIONAL TESTING SERVICE v. HILDEBRANT

No. 115, September Term, 2006.

923 A.2d 34 (2007)

399 Md. 128

EDUCATIONAL TESTING SERVICE v. Elba HILDEBRANT.

Court of Appeals of Maryland.

May 10, 2007.

Attorney(s) appearing for the Case

Jonathan E. Neuchterlein (Thomas P. Olson, Wilmer, Cutler, Pickering, Hale & Dorr, LLP, Washington, DC, David W. Lease, Smith, Lease & Goldstein, LLC, Rockville, all on brief), for petitioner.

Jeffrey P. Hildebrant (Hildebrant & Associates, PLLC, McLean, VA, on brief), for respondent.

Argued before BELL, C.J., RAKER, CATHELL, HARRELL, BATTAGLIA, GREENE and ALAN M. WILNER, (Retired, specially assigned), JJ.

RAKER, J.

This case arises out of the administration of a standardized test by Educational Testing Service ("ETS"), petitioner, to Elba Hildebrant, respondent. We granted certiorari to consider the following two questions:

1. Whether one contracting party, which commits an issue to the exclusive discretion of a second party, may nonetheless go to trial against the second party for relying in good faith on its agent's report merely by alleging that the agent...

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