CHILDERS OIL COMPANY, INCORPORATED, a corporation; James E. Childers, Jr.; Erma L. Childers, doing business as Childers Short Stop, Plaintiffs-Appellants,
v.
EXXON CORPORATION, a corporation, Defendant-Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued December 4, 1991.
Decided April 3, 1992.
Attorney(s) appearing for the Case
Carl Lee Fletcher, Jr., Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., argued (David A. Faber, R. Scott Long, on brief), for plaintiffs-appellants.
William R. O'Brien, Howrey & Simon, Washington, D.C., argued (Darren B. Bernhard, Gregory J. Commins, Jr., Howrey & Simon, Washington, D.C., Thomas B. Bennett, Bowles, Rice, McDavid, Graff & Love, Charleston, W.Va., William R. Hurt, Exxon Co., U.S.A., Houston, Tex., on brief), for defendant-appellee.
Before HALL, NIEMEYER, and LUTTIG, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
OPINION
K.K. HALL, Circuit Judge:
Childers Oil Company and James and Erma Childers d/b/a Short Stop1 appeal the district court's grant of summary judgment for defendant Exxon Corporation in Childers' action for breach of contract, tortious interference with prospective business relations, and fraud, and on Exxon's counterclaims for trademark infringement, breach of contract, and recovery on a promissory note. Through a combination...
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