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BURGESS PIC-PAC v. FLEMING COMPANIES

No. 21766.

437 S.E.2d 742 (1993)

190 W.Va. 169

BURGESS PIC-PAC, INC., D/B/A Burgess Discount Foods; Richard Burgess; and Linda Burgess, Plaintiffs Below, Appellants, v. FLEMING COMPANIES, INC.; Fleming Foods of Ohio, Inc.; Fleming Foods of Virginia, Inc.; and Fleming Foods of Tennessee, Inc., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 29, 1993.

Attorney(s) appearing for the Case

Benjamin L. Bailey and Kenneth E. Webb, Jr., Bowles, Rice, McDavid, Graff & Love, Charleston, for plaintiffs.

Stephen R. Crislip, David A. Barnette, and Angela M. Fenton, Jackson & Kelly, Charleston, for defendants.

MILLER, Justice:

The appellants, plaintiffs below, Burgess Pic-Pac, Inc., d/b/a Burgess Discount Foods; Richard Burgess and Linda Burgess (collectively "Burgess"), appeal an order of the Circuit Court of Raleigh County entered February 5, 1993, granting partial summary judgement for the appellees, defendants below, Fleming Companies, Inc., Fleming Foods of Ohio, Inc., Fleming Foods of Virginia, Inc., and Fleming Foods of Tennessee, Inc. (collectively "Fleming"). The...

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