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KROGER CO. v. U.S. FOODSERVICE OF ATLANTA

Nos. A04A0936, A04A0937.

607 S.E.2d 177 (2004)

270 Ga. App. 525

The KROGER COMPANY v. U.S. FOODSERVICE OF ATLANTA, INC. U.S. Foodservice OF Atlanta, Inc. v. The Kroger Company.

Court of Appeals of Georgia.

November 19, 2004.

Attorney(s) appearing for the Case

David Newman, Edward Burch, Smith, Gambrell & Russell, Atlanta, for appellant.

J. Simpson, Atlanta, for appellee.

SMITH, Chief Judge.

U.S. Foodservice of Atlanta, Inc. (FS) filed a verified complaint against the Kroger Company (Kroger) seeking payment of $121,070.69 plus interest due on a commercial account. A jury found that Kroger owed $117,637.46. In entering judgment, the trial court added statutory prejudgment interest of $81,169.85 and statutory attorney fees of $29,821.10 to the verdict. Later, the court amended that judgment to remove the interest and attorney fees. In...

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