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WHAT-A-BURGER OF VIRGINIA v. WHATABURGER INC.

No. CIV.A. 4:02CV58.

256 F.Supp.2d 476 (2003)

WHAT-A-BURGER OF VIRGINIA, INC., Jack Branch, What-A-Burger of Newport News, Inc., Paul Branch, Plaintiffs, v. WHATABURGER INC., OF CORPUS CHRISTI, TEXAS, Defendant and Counterclaim Plaintiff, v. What-A-Burger of Virginia, Inc., Jack Branch, What-A-Burger of Newport News, Inc., Paul Branch, Counterclaim Defendants.

United States District Court, E.D. Virginia, Newport News Division.

April 3, 2003.

Attorney(s) appearing for the Case

Melvin J. Radin, Esquire, Norfolk, VA, for Plaintiffs.

Shepherd D. Wainger, Esquire, Kaufman & Canoles, PC, Norfolk, VA, Hubert A. Crouch, III, Esquire, Crouch & Inabnett, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND FINAL ORDER

REBECCA BEACH SMITH, District Judge.

This matter is before the court on defendant's and counterclaim plaintiffs [hereinafter defendant's] motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated below, defendant's motion is DENIED, and summary judgment is GRANTED in favor of plaintiffs and counterclaim defendants [hereinafter plaintiffs...

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