Legal Opinion
Vulcan Chemical Technologies, Incorporated Vulcan Materials Company v. Phillip J. Barker, Individually and D/B/A Sabra Asia
Court of Appeals for the Fourth Circuit
Decided May 21, 2002No. 01-1943PublishedCited by 50 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge LUTTIG joined. Judge HERLONG wrote an opinion concurring in the result.
OPINION
NIEMEYER, Circuit Judge.
We are presented with the question of whether this action should have proceeded *335to hearing and judgment in the face of an earlier state court judgment that involved the same parties and issues but was subject to appeal.
When Vulcan Chemical Technologies, Inc., terminated Phillip Barker’s chemical-products Distribution Agreement, Barker sued the company and its parent, Vulcan Materials Company,…
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