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GALLAGHER v. SOUTHERN SOURCE PACKAGING, LLC

No. 5:06-CV-114-D.

564 F.Supp.2d 503 (2008)

James M. GALLAGHER, as Trustee for and on behalf of National Packaging Solutions Group Trust, et ah, Plaintiffs, v. SOUTHERN, SOURCE PACKAGING, LLC, Defendant.

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

March 14, 2008.

Attorney(s) appearing for the Case

Clifton L. Brinson, Peter J. Marino, Smith & Jernigan, Raleigh, NC, for Plaintiffs.

James L. Gale, Smith Moore LLP, Raleigh, NC, for Defendant.

ORDER

JAMES C. DEVER III, District Judge.

On July 18, 2007, Magistrate Judge Webb issued a Memorandum and Recommendation ("M & R") recommending that the court deny defendant Southern Source Packaging, LLC's ("Southern Source") motion for summary judgment in this breach of contract action. The contract dispute concerns a deferred payment of $1.5 million in an asset purchase agreement. Plaintiffs James M. Gallagher ("Gallagher") and National Packaging...

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