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HOP-IN FOOD STORES, INC. v. S & D COFFEE, INC.

Civ. A. No. 86-0145-R.

642 F.Supp. 1106 (1986)

HOP-IN FOOD STORES, INC., Plaintiff, v. S & D COFFEE, INC., Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

September 3, 1986.

Attorney(s) appearing for the Case

Gregory L. Lyons, Gardner, Moss & Rocovich, Roanoke, Va., for plaintiff.

John L. Walker, Jr., Woods, Rogers & Hazlegrove, Roanoke, Va., Peter J. Covington, Smith, Helms, Mullins & Moore, Charlotte, N.C., for defendant.

MEMORANDUM OPINION

TURK, Chief Judge.

This case comes before the court on defendant's motion to dismiss or stay the proceeding in favor of a similar action filed by the defendant in the Middle District of North Carolina. Plaintiff Hop-In Food Stores, Inc. ("Hop-In") allegedly breached a contract with S & D Coffee, Inc. ("S & D") in March, 1986. On March 20, Hop-In filed a declaratory judgment action in this court, asking this court to declare that...

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