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BUD ANTLE, INC. v. EASTERN FOODS, INC.

Civ. A. No. CV181-277.

567 F.Supp. 445 (1983)

BUD ANTLE, INC., Plaintiff, v. EASTERN FOODS, INC., Defendant.

United States District Court, S.D. Georgia, Augusta Division.

July 25, 1983.

Attorney(s) appearing for the Case

David M. Zacks, Knox & Zacks, Augusta, Ga., F. Barron Grier, III, Richardson, Plowden, Grier & Howser, Columbia, S.C., for plaintiff.

Paul R. Jordan, Fine & Block, Atlanta, Ga., William A. Trotter, III, Augusta, Ga., John D. Feagin, Eastern Foods, Inc., Atlanta, Ga., for defendant.

ORDER

BOWEN, District Judge.

Presently before the Court is the plaintiff's motion for summary judgment. Relying upon the state law doctrine of "binding precedent," plaintiff argues that the defendant is precluded by the decision of the Fourth Circuit Court of Appeals in R.C. McEntire & Co. v. Eastern Foods, Inc., 702 F.2d 471 (4th Cir.1983) from relitigating the question of merger and the proper standard damages...

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