UNPUBLISHED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
Hardee’s,
Defendant - Appellee.
Appeal from the United States District Court for the Western Dis-
trict 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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 court’s order granting Ap-
pellee’s motion for summary judgment in this negligence action. We
have reviewed the record and the district court’s 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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