Calvert Social Investment Fund v. Ncm Capital Management Group, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1132
CALVERT SOCIAL INVESTMENT FUND; CALVERT
VARIABLE SERIES, INCORPORATED,
Plaintiffs - Appellees,
versus
NCM CAPITAL MANAGEMENT GROUP, INCORPORATED,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Andre M. Davis, District Judge. (CA-02-
4130-AMD)
Submitted: November 19, 2004 Decided: December 16, 2004
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mark Fox Evens, Mary Margaret Utterback, THELEN, REID & PRIEST,
L.L.P., Washington, D.C., for Appellant. Stephen G. Topetzes,
Andrew J. Dubill, KIRKPATRICK & LOCKHART, L.L.P., Washington, D.C.,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
NCM Capital Management Group, Inc., appeals from a grant of
summary judgment in favor of Calvert Variable Series, Inc., and
Calvert Social Investment Fund (the Funds). NCM concedes that it
breached its contracts with the Funds but contends that the
district court erred by awarding the Funds damages for the breach.
Having carefully reviewed the record and the parties’ written
submissions, we affirm on the reasoning of the district court.
(J.A. at 293-300.) We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED

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