Shoney's, Inc. v. Morris

MEMORANDUM

HIGGINS, District Judge.

Before the Court is the plaintiffs motion (filed July 10, 1998; Docket Entry No. 98) for summary judgment 1 and memorandum (Docket Entry No. 99) in support; the defendant’s response 2 (filed August 10, 1998; Docket Entry No. 121); the defendant’s brief (Docket Entry No. 122) in support; 3 and the plaintiffs reply (filed November 6, 1998; Docket Entry No. 165).

The Court has jurisdiction based on diversity of citizenship and the amount in controversy. 28 U.S.C. § 1832(a)(1).

For the reasons discussed below, the motion shall be granted.

I

The plaintiff, Shoney’s…