In a surprise filing today, lawyers agreed to dismiss a lawsuit filed by Tulane student Marco G. Minuto alleging that the College had reneged on a promise of admission made by football coach Tim Murphy.

The dismissal came two days before the first scheduled hearing on the case in U.S. District Court.

The lawsuit, filed in early July, alleged that on March 1 Murphy offered Minuto--then a first-year student and a ‘redshirted’ member of Tulane’s football team--admission to Harvard as a transfer student.

The lawsuit said that on April 3 Harvard “reconsidered” and denied him an admission. As a result of his failed plans to transfer, the lawsuit alleged that Minuto did not receive a full scholarship to play football at Tulane that he was otherwise promised.

The lawsuit asked the court to order Harvard to admit Minuto in the fall as a member of the Class of 2004.

However, Harvard filed a stinging response two weeks ago, presenting signed affidavits from Murphy denying the allegations, along with affidavits from admissions officers saying Minuto was “very weak academically” and from the Tulane coaching staff saying that Minuto had misrepresented his football credentials to the Harvard staff.

“[Minuto’s] position is legally and factually without merit, [and] his conduct has been dishonest,” Harvard’s brief concluded.

This afternoon’s dismissal, signed by both Minuto family lawyer Joseph F. Hardcastle and Harvard attorney Robert W. Iuliano, said that the case came “with prejudice”--meaning that the matter cannot be raised again--and both sides agreed to bear their own costs in the case.

“This case is over,” Minuto family attorney Joseph F. Hardcastle said.

“We’re very pleased with the result. It indicates everything that the football staff had been saying was true,” University spokesperson Sally Baker said.

Dean of Admissions Marlyn McGrath-Lewis ’70-’73 was on vacation and not available for comment.

The Minuto family did not return phone calls this evening.

--Staff writer Garrett M. Graff can be reached at ggraff@fas.harvard.edu.