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AMERICAN KEY CORP. v. CUMBERLAND ASSOCIATES

Civ. A. No. C80-776A.

579 F.Supp. 1245 (1983)

AMERICAN KEY CORPORATION and Ron DeWeese, Plaintiffs, v. CUMBERLAND ASSOCIATES, Carter & Associates, Cole National Corp., and Sears, Roebuck & Company, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

December 30, 1983.

Attorney(s) appearing for the Case

John C. Butters, Atlanta, Ga., for plaintiffs.

Charles H. Ivy, William L. Bost, Jr., R. Peter Catlin, III, Scoggins, Ivy, Goodman, Weiss & Bost, Mark J. Levick, C. David Vaughan, Vaughan, Phears & Murphy, Emmet J. Bondurant, II, M. Jerome Elmore, Trotter, Bondurant, Miller & Hishon, Atlanta, Ga., Richard W. Pogue, Paul Michael Pohl, Jones, Day, Reavis & Pogue, Cleveland, Ohio, Michael A. Doyle, Leah J. Sears-Collins, Atlanta, Ga., John E. Lehrer, Sears, Roebuck & Co., Chicago, Ill., for defendants.

ORDER

FORRESTER, District Judge.

This action is before the court on motions for summary judgment by each of the defendants. It is also before the court on defendants' motions to strike certain affidavits and supplemental briefs filed by plaintiff on July 28 and 29, 1983.

I. PROCEDURAL HISTORY.

Plaintiffs originally filed their complaint on May 6, 1980. As amended almost a year later, the complaint asserts two counts of alleged violations...

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