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COPELAND v. SMITH

No. 84-2266.

779 F.2d 215 (1985)

B.K. COPELAND, individually and d/b/a International Science and Technology Institute, Inc., Appellant, v. Aric SMITH; William A. Turner; AMA Food Broker; F and G Associates, Inc.; Donald Taifero and Safeguard Chemical Corp., Defendants, and Emily G. Grimes; Floyd Johnson; Frank Phillips and Impress Food Products Co., Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 16, 1985.

Attorney(s) appearing for the Case

Mark Rollinson (Lynne K. Zusman; Rollinson & Zusman, Alexandria, Va., on brief), for appellant.

John A. Field, III (Field & Halfhill, Alexandria, Va., on brief); P. David Gavin, Washington, D.C., Jeremy Rubenstein (Mark R. Eaton, Stoppelman, Rosen, Eaton & De Martino, Washington, D.C., Peter A. Bair, Bair & Cassel, P.C., Falls Church, Va., Utz Toepke, Schwartz, Klink & Schreiber, P.C., New York City, on brief), for appellees.

Before HALL and SPROUSE, Circuit Judges and BUTZNER, Senior Circuit Judge.

SPROUSE, Circuit Judge:

In his action in the district court, the appellant B.K. Wesley Copeland alleged that Aric Smith, Frank Phillips, Floyd Johnson, Emily Grimes, Impress Products (a food distribution company)1 and several other defendants formed an association "in fact" to sell him worthless accounts receivable.2 Copeland charged all of the defendants with common law fraud and violation of the civil provisions...

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