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POE v. SEARS, ROEBUCK & CO., INC.

No. Civ.A. 1:96-CV-358-RWS.

1 F.Supp.2d 1472 (1998)

Gary POE, Plaintiff, v. SEARS, ROEBUCK & COMPANY, INC., Defendant.

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

April 22, 1998.

Attorney(s) appearing for the Case

Everette L. Doffermyre, Jr., Ralph Irving Knowles, Jr., Doffermyre, Shields, Canfield Knowles & Devine, Atlanta, GA, James J. Thompson, Jr., Hare, Wynn, Newell & Newton, Birmingham, AL, William M. Audet, The Alexander Law Firm, San Jose, CA, Laura Malyn Shamp, Brown & Shamp, Atlanta, GA, for plaintiff.

Dean S. Daskal, Elmer A. Simpson, Jr., Linda Grimes Birchall, Powell, Goldstein, Frazer & Murphy, Atlanta, GA, Stephen V. D'Amore, Steven F. Molo, Thomas J. Wiegand, Winston & Strawn, Chicage, IL, Timothy J. Nalepka, Sears, Roebuck & Company, Hoffman Estates, IL, for defendants.

MEMORANDUM OPINION AND ORDER

STORY, District Judge.

Plaintiff Gary Poe brought this diversity action for fraud, negligent misrepresentation and breach of contract. Plaintiff alleged Defendant sold him a used battery under the pretense that it was new. A status conference was held on April 3, 1998 at which time Plaintiff made an oral motion to reopen discovery for the purpose of deposing senior-level management...

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