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C.B. MARCHANT CO., INC. v. EASTERN FOODS

No. 84-1180.

756 F.2d 317 (1985)

C.B. MARCHANT COMPANY, INC., Appellant, v. EASTERN FOODS, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1985.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., Columbia, S.C. (F. Barron Grier, III, Frederick A. Crawford, Richardson, Plowden, Grier & Howser, Columbia, S.C., on brief), for appellant.

Edward M. Woodward, Jr., Columbia, S.C. (Woodward, Unger & Herndon, Columbia, S.C., on brief), for appellee.

Before HALL, PHILLIPS and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge.

This is an appeal from the district court's denial of summary judgment for C.B. Marchant Company, Inc. in its action against Eastern Foods, Inc. on a debt owed by B & B Produce Processors, Inc. Marchant claimed, among other things, that B & B had merged with Eastern and, consequently, that Eastern was liable to Marchant on the debt. In the district court, Marchant moved for summary judgment on the ground of collateral estoppel, contending...

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