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DOMESTIC FABRICS CORP. v. SEARS, ROEBUCK & CO.

No. 4:00-CV-127-H(4).

212 F.Supp.2d 489 (2002)

DOMESTIC FABRICS CORPORATION, Plaintiff, v. SEARS, ROEBUCK, & CO., Defendant.

United States District Court, E.D. North Carolina. Eastern Division.

May 22, 2002.

Attorney(s) appearing for the Case

P. C. Barwick, Jr., Wallace, Morris & Barwick, Kinston, NC, Larry L. Coats, Coats & Bennett, P.L.L.C., Cary, NC, Richard F. Landis, II, Wallace, Morris & Barwick, Kinston, NC, David E. Bennett, Coats & Bennett, Raleigh, NC, Anthony J. Biller, Coats & Bennett, Cary, NC, for Domestic Fabrics Corp.

Mark Allen Davis, Womble, Carlyle, Sandridge & Rice, Raleigh, NC, for Sears, Roebuck & Co.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court pursuant to 28 U.S.C. § 636(b), for review of the Memorandum and Recommendation ("M & R") by United States Magistrate Judge Louise W. Flanagan filed on March 4, 2002. The parties have filed various documents in support of their positions. The matter is ripe for ruling.

Upon full and careful review of the M & R, the parties' briefs, and all available court documents...

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