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GULF STATES STEEL, INC. v. LIPTON

Civ. A. No. 89-AR-0715-M.

765 F.Supp. 696 (1990)

GULF STATES STEEL, INC., Plaintiff, v. Richard J. LIPTON, et al., Defendants.

United States District Court, N.D. Alabama, Middle Division.

August 2, 1990.

Attorney(s) appearing for the Case

Richard T. Cunningham, Timothy H. Hanna, Amer Cunningham Brennan, Akron, Ohio, Mac B. Greaves, Sadler Sullivan Herring & Sharp, Birmingham, Ala., for plaintiff.

Lee H. Zell, Berkowitz Lefkovits Isom & Kushner, Birmingham, Ala., H. Wayne Phears, Steve J. Davis, Charles A. Smith, Phears & Davis, Norcross, Ga., for defendants.

MEMORANDUM OPINION

ACKER, District Judge.

The court has for consideration the motion for summary judgment and the amended motion for summary judgment filed by defendants, Richard J. Lipton and George H. Lipton, and the motion for voluntary dismissal without prejudice filed by plaintiff, Gulf States Steel, Inc. (GSS).

PERTINENT UNDISPUTED FACTS

On January 31, 1986 GSS, which maintains its principal place of business in Alabama, purchased...

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