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SPEEDWAY PROMOTERS, INC. v. HOOTER'S OF AMERICA

No. Civ. 1:99CV251.

123 F.Supp.2d 956 (2000)

SPEEDWAY PROMOTERS, INC., d/b/a Grand Motor Sports, Plaintiff, v. HOOTER'S OF AMERICA, INC.; Hooter's Racing, Inc.; United Speed Alliance Racing, Inc.; and Super Sports Merchandisers, Inc., Individually and d/b/a Hooter's Cup, a Partnership or Joint Venture, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

October 4, 2000.

Attorney(s) appearing for the Case

Edward L. Bleynat, Jr., Asheville, NC, for Speedway Promoters, Inc. dba Grand Motorsports, plaintiff.

Robert B. Long, Jr., W. Scott Jones, Long, Parker & Warren, P.A., Asheville, NC, for Hooter's Inc., Hooter's of America, Inc., Hooter's Racing Inc., defendants.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants' motion for summary judgment, opposed by the Plaintiff. For the reasons stated herein, the Defendants' motion is denied in part, granted in part, and the ruling on Plaintiff's claim for punitive damages is deferred until trial.

I. STANDARD OF REVIEW

Summary judgment is appropriate if there is no genuine issue of material...

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