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EVERGREEN SPORTS, LLC v. SC CHRISTMAS, INC.

Civil Action No. 3:12CV911-HEH.

981 F.Supp.2d 477 (2013)

EVERGREEN SPORTS, LLC, Plaintiff, v. SC CHRISTMAS, INC., et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

October 4, 2013.

Attorney(s) appearing for the Case

David Glenn Barger, Greenberg Traurig LLP, McLean, VA, Paul Joseph Ferak, Greenberg Traurig LLP, Chicago, IL, for Plaintiff.

John Kenneth Byrum, Jr., Woods Rogers PLC, Richmond, VA, Anthony H. Monioudis, Woods Rogers PLC, Danville, VA, David Binkley, Giarmarco Mullins & Horton, Troy, MI, for Defendants.

MEMORANDUM OPINION

(Cross Motions for Summary Judgment)

HENRY E. HUDSON, District Judge.

This is, in essence, a contract dispute over the merchantability of inventory acquired for resale under an Asset Purchase Agreement (the "Purchase Agreement"). Although the Purchase Agreement also embraced real property, only those portions of the Purchase Agreement pertaining to inventory goods is...

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