Montage Furniture Services v. Regency Furniture, Inc, No. 12-1715 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1715 MONTAGE FURNITURE SERVICES, LLC, Plaintiff - Appellant, v. REGENCY FURNITURE, INCORPORATED; SAMMY FURNITURE, INCORPORATED; SAMMY FURNITURE OF CATONSVILLE, INCORPORATED; SAMMY FURNITURE OF EASTON, INCORPORATED; SAMMY FURNITURE OF FREDERICK, INCORPORATED; SAMMY FURNITURE OF GOLDEN RING, INCORPORATED; SAMMY FURNITURE OF HAGERSTOWN, INCORPORATED; SAMMY FURNITURE OF LAUREL, INCORPORATED; SAMMY FURNITURE OF PASADENA, INCORPORATED; SAMMY HOME STORE OF FREDERICK, INCORPORATED; SAMMY HOME STORE OF HAGERSTOWN, INCORPORATED, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:11-cv-00453-AW) Submitted: December 19, 2012 Decided: January 4, 2013 Before DIAZ and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Derek P. Roussillon, MILES & STOCKBRIDGE, PC, Baltimore, Maryland; Brian J. Masternak, David S. Ludington, WARNER, NORCROSS & JUDD, LLP, Grand Rapids, Michigan, for Appellant. Jonathan A. Azrael, AZRAEL, FRANZ, SCHWAB & LIPOWITZ, LLC, Towson, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Montage Furniture Services, LLC ( Montage ) appeals the district court s order granting the Defendants motion for summary judgment. On appeal, Montage argues that the district court erred in granting summary judgment on its claim for unjust enrichment. We affirm. We review whether a district court erred in granting summary judgment de novo, applying the same legal standards as the district court. Cir. 2012). Martin v. Lloyd, 700 F.3d 132, 135 (4th Summary judgment is only appropriate where there is no genuine issue of material fact and the movant is entitled to Id. judgment as a matter of law. On a motion for summary judgment, facts must be viewed in the light most favorable to the nonmoving party only if there is a genuine dispute as to Ricci v. DeStefano, 557 U.S. 557, 586 (2009) those facts. (internal quotation marks omitted). Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving trial. party, there is no genuine issue for Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotation marks omitted). We district Montage s have court reviewed did unjust not err enrichment the in record and granting claim. We conclude summary dispense that the judgment with on oral argument because the facts and legal contentions are adequately 3 presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 4
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