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FOODBUY, LLC v. GREGORY PACKAGING, INC.

No. 19-1613, No. 19-1692.

987 F.3d 102 (2021)

FOODBUY, LLC, Plaintiff-Appellant, v. GREGORY PACKAGING, INC., Defendant-Appellee. Foodbuy, LLC, Plaintiff-Appellee, v. Gregory Packaging, Inc., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 1, 2021.

Attorney(s) appearing for the Case

ARGUED: William Clifford Wood, Jr. , NELSON MULLINS RILEY & SCARBOROUGH, LLP, Columbia, South Carolina, for Appellant/Cross-Appellee. Thomas Russell Ferguson , WOMBLE BOND DICKINSON (US) LLP, Charlotte, North Carolina, for Appellee/Cross-Appellant. ON BRIEF: Fred M. Wood, Jr. , Ariel E. Harris , Evan M. Sauda , NELSON MULLINS RILEY & SCARBOROUGH, LLP, Charlotte, North Carolina, for Appellant/Cross-Appellee. Kurt E. Lindquist II , Emily C. Doll , Charlotte, North Carolina, Samuel B. Hartzell , WOMBLE BOND DICKINSON (US) LLP, Raleigh, North Carolina, for Appellee/Cross-Appellant.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Agee wrote the opinion, in which Judge Niemeyer and Judge Kleeh joined.

Foodbuy, LLC ("Foodbuy") and Gregory Packaging, Inc. ("GPI") cross-appeal from the district court's judgment after a bench trial. For the reasons discussed below, we affirm the district court's judgment in part, vacate it in part, and remand it for further proceedings.

I.

GPI manufactures juice cups, which...

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