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VERRERIES DE L'HERMITAGE v. HICKORY FURNITURE

No. 82-1352.

704 F.2d 140 (1983)

VERRERIES DE L'HERMITAGE, S.A., Appellant, v. HICKORY FURNITURE COMPANY, a North Carolina corporation, Appellee, and Schoolfield Industries, a subsidiary of Hickory Furniture Company, Inc., a Florida corporation, and Rupert Harwell Associates, Inc., a North Carolina corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 6, 1983.

Attorney(s) appearing for the Case

Philip Wittenberg, Sumter, S.C. (Oma H. Hester, Jr., Hickory, N.C., on brief), for appellant.

George D. Hovey, D. Steve Robbins, Hickory, N.C. (Hovey, Carter & Robbins, Hickory, N.C., on brief), for appellee.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Verreries de L'Hermitage, S.A., appeals from a judgment dismissing its claim against Hickory Furniture Company for goods sold to one of Hickory's wholly-owned subsidiaries, Schoolfield Furniture Industries, Inc. Hermitage sought recovery against Hickory on the theory that Schoolfield was the alter ego or instrumentality of Hickory. Its principal assignment of error pertains to the court's instructions explaining the elements that it...

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