Burgess Pic-Pac, Inc. v. Fleming Companies, Inc.

MILLER, Justice:

The appellants, plaintiffs below, Burgess Pic-Pac, Inc., d/b/a Burgess Discount Foods; Richard Burgess and Linda Burgess (collectively “Burgess”), appeal an order of the Circuit Court of Raleigh County entered February 5, 1993, granting partial summary judgement for the appellees, defendants below, Fleming Companies, Inc., Fleming Foods of Ohio, Inc., Fleming Foods of Virginia, Inc., and Fleming Foods of Tennessee, Inc. (collectively “Fleming”). The case below related to a claim for damages by Burgess as a result of an alleged breach by Fleming due to Fleming’s failure to…