Bryan Ashley International, Inc. v. Shelby Williams Industries, Inc.

ORDER DENYING MOTIONS FOR PARTIAL JUDGMENT ON THE PLEADINGS

HIGHSMITH, District Judge.

THIS CAUSE came before the Court upon Plaintiff Bryan Ashley International, Inc.’s Motion for Partial Judgment on the Pleadings, filed February 14, 1996, and Defendant Shelby Williams Industries, Inc.’s Cross Motion for Partial Judgment on the Pleadings, filed March 1, 1996. For the reasons set forth below, the Court denies both motions.

I. Background

Both the plaintiff and the defendant sell furniture, including rattan and wicker items. By letter dated September 5, 1995, defense counsel warned the plaintiff of…