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INTERSTATE PETROLEUM CORP. v. MORGAN

Nos. 97-1409, 97-1481.

228 F.3d 331 (2000)

INTERSTATE PETROLEUM CORPORATION, Plaintiff-Appellee, v. Robert C. MORGAN, d/b/a Green Acres Gas and Grocery; Vickie L. Morgan, d/b/a Green Acres Gas and Grocery, Defendants-Appellants. Interstate Petroleum Corporation, Plaintiff-Appellant, v. Robert C. Morgan, d/b/a Green Acres Gas and Grocery; Vickie L. Morgan, d/b/a Green Acres Gas and Grocery, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: September 8, 2000.

Rehearing Granted; Opinion Vacated November 9, 2000.

Attorney(s) appearing for the Case

Alan Gordon McGonigal, Bailey, Riley, Buch & Harman, L.C., Wheeling, West Virginia, for Appellants. Steven William Zoffer, Dickie, McCamey & Chilcote, Wheeling, West Virginia, for Appellee. Arch W. Riley, Sr., Bailey, Riley, Buch & Harman, L.C., Wheeling, West Virginia, for Appellants.

Before WIDENER and WILKINS, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Rehearing En Banc Granted; Opinion Vacated November 9, 2000.

Vacated and remanded with instructions. Judge WIDENER wrote the opinion, in which Senior Judge MICHAEL joined. Judge WILKINS wrote a dissenting opinion.

OPINION

WIDENER, Circuit Judge:

This appeal arises from judgment on a jury verdict in favor of Interstate Petroleum Corporation (Interstate). Robert C. Morgan and Vickie L. Morgan appeal, asserting that the district court lacked...

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