U SAVE FOODS, INC. v. NASH-FINCH CO.

No. 00-1118-JTM.

127 F.Supp.2d 1307 (2001)

U SAVE FOODS, INC., formerly Sixth Street Food Stores, Inc., a/k/a Sixth Street Foods, Inc., a Nebraska corporation, Plaintiff, v. NASH-FINCH COMPANY, a Delaware corporation, Defendant.

United States District Court, D. Kansas.

January 18, 2001.


Attorney(s) appearing for the Case

Rick E. Bailey, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Wichita, KS, for U Save Foods Inc.

Susan P. Selvidge, Scott D. Jensen, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for Nash-Finch Co.


MEMORANDUM ORDER

MARTEN, District Judge.

The matter is before the court on cross-motions for summary judgment by plaintiff U Save Foods (previously known and identified herein as Sixth Street Food Stores) and defendant Nash Finch. The facts are not in any substantial dispute.

Summary judgment is proper where the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show there is no genuine issue...

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