C.B. Marchant Company, Inc. v. Eastern Foods, Inc.

SPROUSE, Circuit Judge.

This is an appeal from the district court’s denial of summary judgment for C.B. Mar-chant Company, Inc. in its action against Eastern Foods, Inc. on a debt owed by B & B Produce Processors, Inc. Marchant claimed, among other things, that B & B had merged with Eastern and, consequently, that Eastern was liable to Marchant on the debt. In the district court, Marchant moved for summary judgment on the ground of collateral estoppel, contending that this court previously decided that there had been a de facto merger between Eastern and B & B. R.C. McEntire & Co. v. Eastern…