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BRENDLE'S STORES, INC. v. OTR

Nos. 90-1848, 90-1855.

978 F.2d 150 (1992)

BRENDLE'S STORES, INCORPORATED; Brendle's Incorporated, Plaintiffs-Appellants, v. OTR, an Ohio General Partnership Acting on Behalf of the BOARD OF TRUSTEES OF the STATE TEACHERS RETIREMENT SYSTEM OF OHIO; TG & Y Stores Company, Defendants-Appellees, v. NALLEY CONSTRUCTION COMPANY, INCORPORATED; Easley Lumber Company, Third Party Defendants-Appellees, and Joe W. Hiller, Third Party Defendant. BRENDLE'S STORES, INCORPORATED; Brendle's Incorporated, Plaintiffs-Appellees, v. OTR, an Ohio General Partnership Acting on Behalf of the BOARD OF TRUSTEES OF the STATE TEACHERS RETIREMENT SYSTEM OF OHIO, Defendant-Appellant, and TG & Y Stores Company, Defendant, v. NALLEY CONSTRUCTION COMPANY, INCORPORATED; Easley Lumber Company; Joe W. Hiller, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 26, 1992.

Attorney(s) appearing for the Case

Orville Gibert Calhoun, Haynsworth, Marion, McKay & Guerard, Greenville, S.C., argued (Donald A. Harper, Amy M. Snyder, Haynsworth, Marion, McKay & Guerard, on the brief), for plaintiffs-appellants.

David W. Robinson, II, Robinson, McFadden & Moore, P.C., Columbia, S.C., argued (J. Kershaw Spong, Robinson, McFadden & Moore, P.C., on the brief), for appellee OTR.

Theron Garnett Cochran, Love, Thornton, Arnold & Thomason, Greenville, S.C., argued (Raymond A. Tate, Jr., Doyle & O'Rourke, Anderson, S.C., on the brief), for appellee Nalley.

Charles E. Carpenter, Jr., Franklin J. Smith, Jr., Deborah L. Harrison, Richardson, Plowden, Grier & Howser, Columbia, S.C., for appellee TG & Y.

Before RUSSELL and WIDENER, Circuit Judges, and WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

PER CURIAM:

Brendle's Stores, Inc. and Brendle's Incorporated (hereinafter jointly called "Brendle's") appeal from the district court's orders granting summary judgment for all defendants, including the third party defendants, and awarding damages to defendants OTR1 and TG & Y Stores Company ("TG & Y"), and attorneys' fees to OTR. We find that the district court correctly...

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