Court of Appeals for the Fourth Circuit January 12, 2000, 99-1058 (Food Lion, Incorporated v. S. L. Nusbaum Insurance Agency, Incorporated R. B. Nash Francis, Jr., and American Diversified Insurance Company)

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge KING joined.

OPINION

MURNAGHAN, Circuit Judge:

The plaintiff, Food Lion, Inc., appeals from the district court’s order granting summary judgment in favor of defendants S.L. Nusbaum Insurance Agency, Inc. (Nusbaum) and R.B. Nash Francis, Jr. (Francis), on Food Lion’s claims under § 38.