UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1286
JOHN D. MANLEY; KAREN MANLEY,
Plaintiffs - Appellants,
v.
WENDY'S INTERNATIONAL, INC.; FIRST SUN MANAGEMENT
CORPORATION, d/b/a Wendys,
Defendants – Appellees,
JOHN DOE,
Defendant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever III,
Chief District Judge. (7:10-cv-00154-D)
Submitted: August 24, 2012 Decided: October 12, 2012
Before KEENAN and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John M. Kirby, LAW OFFICES OF JOHN M. KIRBY, Raleigh, North
Carolina, for Appellants. Regan S. Toups, CRANFILL SUMNER &
HARTZOG, LLP, Wilmington, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Manley appeals the district court’s grant of
summary judgment in favor of Wendy’s International, Inc. and
First Sun Management Corporation, d/b/a Wendy’s, (collectively
Defendants) with respect to his claims under North Carolina law
for breach of implied warranty of merchantability and
negligence. Karen Manley, wife of John Manley, appeals the
district court’s grant of summary judgment in favor of
Defendants with respect to her claim under North Carolina law
for loss of consortium. Having carefully reviewed the briefs,
the record, and the relevant law, we affirm on the reasoning of
the district court, as stated in its February 2, 2012
order. Manley v. Wendy’s Int’l, Inc., 849 F. Supp. 2d 594
(E.D.N.C. 2012).
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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