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MURROW FURNITURE GALLERIES, INC. v. THOMASVILLE FURNITURE INDUSTRIES, INC.

Nos. 88-3596, 88-3597.

889 F.2d 524 (1989)

MURROW FURNITURE GALLERIES, INC.; Turner Tolson, Inc.; Thornton Furniture Co., Inc.; the Furniture House of N.C., Inc.; A & H Wayside Furniture, Inc.; Homeway Furniture Company of Mt. Airy, Inc.; Sobol House of Furnishings, Inc.; Utility Craft, Inc.; Rose Furniture Co., Inc.; Annex Furniture Co.; Country Furniture Co., Inc.; Shaw Furniture Galleries, Inc.; High Point Furniture Sales, Inc., Plaintiffs-Appellants, v. THOMASVILLE FURNITURE INDUSTRIES, INC., Defendant-Appellee (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1989.

Attorney(s) appearing for the Case

John McNeill Smith (Richard D. Ehrhart, Linda S. Bellows, Smith, Helms, Mulliss & Moore, Greensboro, N.C., on brief), for plaintiffs-appellants.

Mark Nixon Poovey (W. Andrew Copenhaver, Thomas L. Nesbit, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., Jerome C. Finefrock, Armstrong World Industries, Inc., Lancaster, on brief), for defendant-appellee.

Before HALL, PHILLIPS and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge:

Murrow Furniture Galleries, Inc., and others (the North Carolina Discounters)1 appeal from a judgment of the district court which denied them a preliminary injunction against Thomasville Furniture Industries, Inc., and encompassed other rulings adverse to their claims. The controversy underlying the appeal concerns the impact of Thomasville's change in marketing strategy upon this group of North Carolina retailers...

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