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IN RE NORTHLAKE FOODS, INC.

No. 12-15604, Non-Argument Calendar.

In Re: NORTHLAKE FOODS, INC., a.k.a. North Lake Foods, Inc., Debtor. DAVID H. CRUMPTON, Plaintiff-Appellant, v. A. DOUGLAS MCGARRITY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 16, 2013.

DO NOT PUBLISH

PER CURIAM.

Northlake Foods, Inc. ("Northlake") is a Georgia corporation that owned approximately 150 Waffle House restaurants in Georgia, Florida, and Virginia. On March 1, 1991, A. Douglas McGarrity, a shareholder of Northlake, executed a Shareholders Agreement. Section 5.01 of the agreement contained the following provision:

If the Corporation's income ever becomes taxable to the Shareholders, rather than to the Corporation, the...

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