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AWBREY v. GREAT ATLANTIC & PAC. TEA CO., INC.

Civ. A. Nos. C78-597A, C78-2009A, C79-2118A and C80-303A.

505 F.Supp. 604 (1980)

David Martin AWBREY, and John Carl Gladys, Plaintiffs, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Defendant. R. Kevin ANDERSON; Darryl W. Brown; David W. Krauss; Ricky K. Poole; Marie E. Baggett; and Vivian C. Heath, Plaintiffs, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Defendant. Marvin L. DOW, Plaintiff, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Defendant. Roger Allen FLAHERTY; Frank Stackhouse; Willis Penn; Marbuary Farmer, Jr.; Harrison Phillips; Brenda J. Smith; and Daniel Clifford Hambrick, Plaintiffs, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Defendant.

United States District Court, N. D. Georgia, Atlanta Division.

September 30, 1980.

Attorney(s) appearing for the Case

N. David Buffington and James D. Fagan, Jr., Stanford, Buffington, Fagan & Giolito, Atlanta, Ga., for plaintiffs in case C78-597A and C80-303A.

James L. Ford, Wills & Ford, Atlanta, Ga., for plaintiffs in case nos. C78-2009A and C79-2118A.

Eugene C. Partain and Thomas D. Harper, Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., for defendant in all cases.

ORDER

SHOOB, District Judge.

Defendant The Great Atlantic and Pacific Tea Company has moved for summary judgment in its favor in these consolidated cases. It does so on two separate grounds:

1. There is no evidence that any plaintiff had a wire communication intercepted, disclosed, or used. 2. Eleven of the plaintiffs filed their actions more than two years after the last...

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