BERRY & GOULD v. BERRY

No. 125, Sept. Term, 1999.

757 A.2d 108 (2000)

360 Md. 142

BERRY & GOULD, P.A. and Jed D. Gould v. F. Norman BERRY.

Court of Appeals of Maryland.

Reconsideration Denied September 6, 2000.


Attorney(s) appearing for the Case

Philip B. Zipin (Gagliardo & Zipin, on brief), Silver Spring, for petitioners.

Joseph M. Mott, Rockville, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and HARRELL, JJ.


RODOWSKY, Judge.

We granted certiorari in this case to determine if the plaintiff enjoyed a substantive right for which a restitutionary remedy would lie. Due to disability, the plaintiff was required to withdraw from the practice of obstetrics and, accordingly, as a shareholder in his professional services corporation. At issue is whether the corporation and its remaining shareholder were obliged to pay to the plaintiff the value of his share of the goodwill enjoyed...

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