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KOSSAR v. SMITH

No. C-C-90-359-P.

765 F.Supp. 871 (1991)

Bernard R. KOSSAR, Plaintiff, v. O. Bruton SMITH; William J. Gardner; and Gardner-Smith Associates, a North Carolina General Partnership, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

May 31, 1991.

Attorney(s) appearing for the Case

Allain C. Andry, IV, Thomas B. Henson, Robinson Bradshaw & Hinson, P.A., Charlotte, N.C., for plaintiff.

Fred T. Lowrance, Nickolas J. Sojka, Jr., Parker Poe Adams & Bernstein, Charlotte, N.C., for defendants.

MEMORANDUM OF DECISION AND ORDER

ROBERT D. POTTER, District Judge.

THIS MATTER is before the Court on Plaintiff's motion, filed March 13, 1991, for summary judgment on his claim and the counterclaim of Defendants Smith and Gardner-Smith Associates.

I. FACTUAL AND PROCEDURAL BACKGROUND.

The record in this matter indicates that Plaintiff was the President of Home Quarters Warehouse, Inc. In late 1986, Home Quarters desired to open a store...

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