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CREATIVE DEMOS, INC. v. WAL-MART STORES, INC.

Nos. 97-1356, 97-1556.

142 F.3d 367 (1998)

CREATIVE DEMOS, INC., Plaintiff-Appellant, Cross-Appellee, v. WAL-MART STORES, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 8, 1998.

Attorney(s) appearing for the Case

George W. Hopper (argued in 97-1356 & 97-1556), Mark R. Galliher (in 97-1556), Hopper & Galliher, J. Lee McNeely, McNeely, Stephenson, Thopy & Harrold, Shelbyville, IN, for Plaintiff-Appellant.

Thomas L. Davis (argued), Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, for Defendant-Appellee.

Before FLAUM, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Wal-Mart acquired 28 food stores owned by Wholesale Club, Inc., and afterward operated them under the Sam's Club trade name. Creative Demos had been engaged by Wholesale Club to perform food demonstrations in the stores, but it does not argue that any obligations were transferred from Wholesale Club to Wal-Mart. During January 1991, the month before Wal-Mart took over, Denise Baustert (Wal-Mart's "sales enhancement manager") told Creative...

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