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MARMOTT v. MARYLAND LUMBER CO.

Nos. 85-2344(L), 86-3950.

807 F.2d 1180 (1986)

Stephen MARMOTT; Irene Marmott; Irene Lumber and Supply, Inc. (a Virginia corporation), Appellants, v. MARYLAND LUMBER COMPANY (a Maryland corporation); Milling, Drying and Treating, Inc. (a Maryland corporation); James Kolker; Fabian Kolker, Appellees. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1986.

Attorney(s) appearing for the Case

Joseph H. Sharlitt (Daniel M. Twomey, Hessey & Hessey, on brief), for appellants.

Glenn M. Cooper (Keith A. Minoff, Paley, Rothman & Cooper, Alan I. Baron, Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, on brief), for appellees.

Before ERVIN, CHAPMAN and WILKINS, Circuit Judges.

ERVIN, Circuit Judge:

This is an appeal from summary judgment in a case involving an aborted "merger" of two closely-held lumber companies. Plaintiff-appellants Stephen Marmott, his wife Irene Marmott, and their company, Irene Lumber and Supply Co., Inc. (hereafter referred to collectively as "Marmott"), brought suit against James and Fabian Kolker, their company, Maryland Lumber Co., and a subsidiary of Maryland Lumber called Milling, Drying and Treating, Inc. (collectively...

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