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INTERSTATE PETROLEUM CORP. v. MORGAN

Nos. 97-1409, 97-1481.

249 F.3d 215 (2001)

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. Chevron U.S.A. Incorporated, Amicus Curiae. 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. Chevron U.S.A. Incorporated, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: May 1, 2001

Attorney(s) appearing for the Case

ARGUED: Alan Gordon McGonigal, Bailey, Riley, Buch & Harman, L.C., Wheeling, West Virginia, ON BRIEF: Arch W. Riley, Sr., Bailey, Riley, Buch & Harman, L.C., Wheeling, West Virginia, for Appellants.

Steven William Zoffer, Dickie, McCamey & Chilcote, Wheeling, West Virginia, for Appellee.

Before WILKINSON, Chief Judge, WIDENER, WILKINS, NIEMEYER, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, and GREGORY, Circuit Judges.

Vacated and remanded with instructions. Judge WIDENER delivered the opinion of the court, in which Chief Judge WILKINSON and Judges NIEMEYER, MICHAEL, KING and GREGORY joined. Judge NIEMEYER wrote a concurring opinion. Judge WILKINS wrote a dissenting opinion, in which Judges WILLIAMS, MOTZ, and TRAXLER joined.

OPINION

WIDENER, Circuit Judge:

This appeal arises from judgment on a jury verdict in favor of Interstate Petroleum Corporation (Interstate...

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