Bud Antle, Inc. v. Eastern Foods, Inc.

PITTMAN, District Judge.

The appellant, Eastern Foods, Inc. (Eastern), appeals from a jury verdict in which it was held liable under the theory of de facto merger for a debt on open account owed by B & B Produce Processors, Inc. (B & B) to the plaintiff-appellee Bud Antle, Inc. (Bud Antle). Eastern contends that the district court erred in its refusal to direct a verdict in its favor on the de facto merger count and in its charge to the jury on the de facto merger doctrine. This court agrees and must reverse the district court’s judgment.

I. Factual Background

The plaintiff-appellee Bud Antle,…