NCO FINANCIAL SYSTEMS, INC. v. MONTGOMERY PARK

No. 20-2370.

40 F.4th 123 (2022)

NCO FINANCIAL SYSTEMS, INC., now known as EGS Financial Care, Inc., Plaintiff-Appellant, v. MONTGOMERY PARK, LLC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 5, 2022.


Attorney(s) appearing for the Case

ARGUED: Stephen Warren Nichols , OFFIT KURMAN, PA, Bethesda, Maryland, for Appellant. Howard G. Goldberg , GOLDBERG & BANKS, PC, Pikesville, Maryland, for Appellee. ON BRIEF: Frances C. Wilburn , OFFIT KURMAN, PA, Bethesda, Maryland, for Appellant. John Edward McCann, Jr. , MILES & STOCKBRIDGE PC, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Chief Judge Gregory and Judge Harris joined.


This protracted litigation concerning a 12-year commercial lease comes to us on the merits for the third time.

On the first occasion, we held that NCO Financial Systems, Inc. failed to satisfy the conditions for exercising the lease's early termination option and that its vacation of the leased premises left it potentially...

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