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  • Babb v. Boddie-Noell, 4th Cir. (1999)

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    David Babb sued Hardee's for negligence. The district court granted Hardee's motion for summary judgment. The Fourth Circuit affirmed, finding no reversible error in the district court's decision. The appellate court adopted the reasoning of the district court, which found in favor of Hardee's. The facts and legal arguments were adequately presented in the court materials, so oral arguments were not necessary.

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    Filed: 1999-09-02 Precedential Status: Non-Precedential Docket: 99-1095

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    David Babb sued Hardee's for negligence. The district court granted Hardee's motion for summary judgment. The Fourth Circuit affirmed, finding no reversible error in the district court's decision. The appellate court adopted the reasoning of the district court, which found in favor of Hardee's. The facts and legal arguments were adequately presented in the court materials, so oral arguments were not necessary.

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    Babb v. Boddie-Noell, 4th Cir. (1999)

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    David Babb sued Hardee's for negligence. The district court granted Hardee's motion for summary judgment. The Fourth Circuit affirmed, finding no reversible error in the district court's decision. The appellate court adopted the reasoning of the district court, which found in favor of Hardee's. The facts and legal arguments were adequately presented in the court materials, so oral arguments were not necessary.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-1095

    DAVID L. BABB,
    Plaintiff - Appellant,
    versus
    BODDIE-NOELL ENTERPRISES, INCORPORATED, d/b/a
    Hardees,
    Defendant - Appellee.

    Appeal from the United States District Court for the Western District of Virginia, at Roanoke.
    James C. Turk, District Judge.
    (CA-98-38-R)

    Submitted:

    August 17, 1999

    Decided:

    September 2, 1999

    Before WILLIAMS and MICHAEL, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.


    F. Rodney Fitzpatrick, Roanoke, Virginia, for Appellant. Melissa
    Walker Robinson, Cathleen Kailani Memmer, GENTRY, LOCKE, RAKES &
    MOORE, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    David L. Babb appeals the district courts order granting Appellees motion for summary judgment in this negligence action. We
    have reviewed the record and the district courts opinion and find
    no reversible error.

    Accordingly, we affirm substantially on the

    reasoning of the district court. See Babb v. Boddie-Noell Enters.,


    No. CA-98-38-R (W.D. Va. Dec. 15, 1998).

    We dispense with oral

    argument because the facts and legal contentions are adequately


    presented in the materials before the court and argument would not
    aid the decisional process.

    AFFIRMED

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