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

No. 84-8106.

758 F.2d 1451 (1985)

BUD ANTLE, INC., Plaintiff-Appellee, v. EASTERN FOODS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied June 5, 1985.


Attorney(s) appearing for the Case

William A. Trotter, III, Augusta, Ga., Paul R. Jordan, Atlanta, Ga., for defendant-appellant.

F. Barron Grier, III, Charles Carpenter, Jr., Columbia, S.C., for plaintiff-appellee.

Before VANCE and ANDERSON, Circuit Judges, and PITTMAN, District Judge.


Rehearing and Rehearing En Banc Denied June 5, 1985.

PITTMAN, District Judge.

The appellant, Eastern Foods, Inc. (Eastern), appeals from a jury verdict in which it was held liable under the theory of de facto merger for a debt on open account owed by B & B Produce Processors, Inc. (B & B) to the plaintiff-appellee Bud Antle, Inc. (Bud Antle). Eastern contends that the district court erred in its refusal to direct a verdict in its favor on the de facto...

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