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LaMOTTE v. PUNCH LINE OF COLUMBIA, INC.

22885

296 S.C. 66 (1988)

370 S.E.2d 711

Robert C. LaMOTTE, Jr., Wit's End, Inc., E.B. Glazebrook and B.O. Brooker, Appellants v. The PUNCH LINE OF COLUMBIA, INC., Gringo's, Inc., d/b/a Monterrey Jack's, Yesterday's, Bones, Inc., The Loft Oyster Bar and Restaurant, The Peddler of Columbia, Inc., The Parthenon Restaurant, Inc., Midlands Restaurant Associates, Inc., G.A. Gerald, Saluda Avenue Wine and Liquor Shop, Inc., Respondents.

Supreme Court of South Carolina.

Decided June 27, 1988.

Attorney(s) appearing for the Case

Victoria L. Eslinger and Deborah R.J. Shupe, of Berry, Dunbar, Daniel, O'Conner, Jordan and Eslinger, Columbia, for appellants.

Jean H. Toal and Jay Bender, of Belser, Baker, Barwick, Ravenel, Toal and Bender, Columbia, for respondent G.A. Gerald.

J.D. Medlin, of Medlin and Silver, Columbia, for respondent Saluda Avenue Wine and Liquor Shop, Inc.

Joseph M. Fullwood, of Rogers, Duncan, Fullwood and Derrick; and J. Mark Taylor, of Walker, Morgan and Taylor, Lexington, for respondents The Punch Line of Columbia, Inc., Gringo's, Inc., Yesterday's, Bones, Inc., The Loft Oyster Bar and Restaurant, The Peddler of Columbia, Inc., The Parthenon Restaurant, Inc. and The Midlands Restaurant Associates, Inc.

Heard Feb. 6, 1988.

Decided June 27, 1988.

FINNEY, Acting Judge:

Appellants, a corporation and/or persons operating a business in Columbia, appeal circuit court's decision granting summary judgment to respondent merchants. We affirm in part and reverse in part.

Appellants Robert C. LaMotte, Jr., Wit's End, Inc., E.B. Glazebrook and B.O. Brooker planned to construct and operate a rooftop restaurant at 638 Harden Street, Columbia, South Carolina...

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