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BIZMARK, INC. v. INDUSTRIAL GAS & SUPPLY CO., INC.

No. 2:04CV00109.

358 F.Supp.2d 518 (2005)

BIZMARK, INC., et al., Plaintiffs, v. INDUSTRIAL GAS & SUPPLY CO., INC., et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

March 2, 2005.

Attorney(s) appearing for the Case

Joe H. Roberts, Joe H. Roberts, P.C., Wise, Virginia, for Plaintiffs.

J. Scott Sexton and Ryan C. Berry, Gentry Locke Rakes & Moore, L.L.P., Roanoke, Virginia, for Defendant Industrial Gas & Supply Co., Inc.

Wade W. Massie, Penn, Stuart & Eskridge, Abingdon, Virginia, for Defendant David Luther.

OPINION AND ORDER

JONES, Chief Judge.

In this action for the balance of the deferred purchase price under a commercial asset purchase agreement, I find that the applicable statutes of limitations bar certain of the amounts claimed. In addition, I find that the notice condition of an indemnity clause in the agreement is not applicable.

I

Bizmark, Inc. ("Bizmark"), Roy L. Wells, Jr., Roger N. Wells, Industrial Gas & Supply, Inc. ("Industrial...

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