Fresh America Corp. v. Wal-Mart Stores, Inc.

MEMORANDUM OPINION AND ORDER

LYNN, District Judge.

On June 9, 2004, this Court denied the Counter-Motion for Summary Judgment of Defendant and Interpleader Plaintiff Wal-Mart Stores, Inc. (‘Wal-Mart”). That Order was amended on June 30, 2004. Pursuant thereto, the Court gave Wal-Mart the opportunity to present evidence and authority to cure what the Court viewed as deficiencies in its Counter-Motion. Wal-Mart filed its Supplemental Brief on June 28, 2004, and Plaintiff and Interpleader Defendant Fresh America Corporation (“Fresh America”) and Interpleader Defendant Allen Lund Company (“Lund”)…