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TRANSIT HOMES OF AMERICA v. HOMES OF LEGEND

No. CV 01-BU-2035-M.

173 F.Supp.2d 1185 (2001)

TRANSIT HOMES OF AMERICA, DIVISION OF MORGAN DRIVE AWAY, INC., Plaintiff, v. HOMES OF LEGEND, INC., Defendant.

United States District Court, N.D. Alabama, Middle Division.

October 12, 2001.

Attorney(s) appearing for the Case

Mark P. Williams, Norman, Wood, Kendrick & Turner, Birmingham, AL, for plaintiff.

Gregory S. Ritchey, Richard S. Walker, Ritchey & Ritchey PA, Birmingham, AL, for defendant.

Memorandum Opinion & Order

BUTTRAM, District Judge.

In its amended complaint, Plaintiff Transit Homes of America, Division of Morgan Drive Away, Inc. ("Morgan") seeks to recover unpaid freight charges from Defendant Homes of Legend, Inc. ("HOL"). (Doc. 2). Now before the Court is HOL's motion to dismiss, filed September 7, 2001, which the Court has advised it will treat as a motion for summary judgment, as HOL appended exhibits to its motion. (Doc. 7...

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