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FRESH AMERICA CORP. v. WAL-MART STORES, INC.

No. Civ.A. 3:03-CV-1299M.

393 F.Supp.2d 411 (2005)

FRESH AMERICA CORP., Plaintiff, v. WAL-MART STORES, INC., Defendant/Interpleader Plaintiff, v. Allen Lund Company and Fresh America Corp., Interpleader Defendants.

United States District Court, N.D. Texas, Dallas Division.

March 31, 2005.

Attorney(s) appearing for the Case

Robert Yaquinto, Jr., Sherman & Yaquinto, Dallas, TX, Stephen P. McCarron, McCarron & Diess, Washington, DC, for Plaintiff.

Mark D. Cronenwett, Cowles & Thompson, Horace Newton Cunningham, III, Robert H. Bezucha, Roberts Cunningham & Stripling, Dallas, TX, Paul H. Lamboley, Law Office of Paul H. Lamboley, Reno, NV, for Defendants.

MEMORANDUM OPINION AND ORDER

LYNN, District Judge.

On June 9, 2004, this Court denied the Counter-Motion for Summary Judgment of Defendant and Interpleader Plaintiff Wal-Mart Stores, Inc. ("Wal-Mart"). That Order was amended on June 30, 2004. Pursuant thereto, the Court gave Wal-Mart the opportunity to present evidence and authority to cure what the Court viewed as deficiencies in its Counter-Motion. Wal-Mart filed its Supplemental Brief on June 28...

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