BRYANT v. FOOD LION, INC.

Civ. A. No. 2-90-0505-1.

774 F.Supp. 1484 (1991)

Rickey B. and Brenda S. BRYANT, et al., Plaintiffs, v. FOOD LION, INC., et al., Defendants.

United States District Court, D. South Carolina, Charleston Division.

October 4, 1991.


Attorney(s) appearing for the Case

James Lee Bell, Columbia, S.C., Nicholas W. Clark, UFCW, Legal Dept., Ian Lanoff, and Julia Penny Clark, Washington, D.C., for plaintiffs.

Robert W. Dibble, Jr., Charles S. Porter, Jr., David J. Mills, McNair Law Firm, Columbia, S.C., Patrick Michael Duffy, McNair Law Firm, Charleston, S.C., for Food Lion, Inc.

Ashley Bryan Abel, Samuel Franklin Painter, Richard Kent Porth, Nexsen, Pruet, Jacobs & Pollard, Columbia, S.C., for The Food Lion, Inc. Profit Sharing Plan and Trust [and] The Food Lion, Inc. Group Benefit Plan and Trust.

Wade H. Logan, III, Cody Walker Smith, John Allen Massalon, Holmes & Thomson, Charleston, S.C., for Ralph W. Ketner, Tome E. Smith, Eugene R. McKinley [and] John Does.


HAWKINS, Chief Judge.

This matter is before the court on several motions raised by the parties. The defendants have moved for partial summary judgment and for a denial of class certification. The plaintiffs have moved to have an order by the magistrate judge set aside. Briefs were submitted by the parties and arguments were heard at hearing held on May 21, 1991.

I. FACTS

The Court begins with the facts that are not in dispute. Food Lion, the owner...

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