[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT _____________________________ FILED U.S. COURT OF APPEALS No. 07-14390 ELEVENTH CIRCUIT JULY 18, 2008 _____________________________ THOMAS K. KAHN CLERK D. C. Docket No. 05-02174 CV-TCB-1

ANNE WHEATLEY, Plaintiff-Counter- Defendant-Appellant Cross-Appellee,

versus

MOES SOUTHWEST GRILL, LLC, MAMA FUS NOODLE HOUSE, INC., RAVING BRANDS HOLDINGS, INC., H. MARTIN SPROCK, III,

Defendants-Counter- Claimants-Appellees Cross-Appellants,

JOHN DOE, JANE DOE,

Defendants.

_____________________

Appeal from the United States District Court for the Northern District of Georgia ________________________

(July 18, 2008) Before EDMONDSON, Chief Judge, PRYOR, Circuit Judge, and JOHNSON,* District Judge.

PER CURIAM:

This diversity case centers on a controversy on whether Plaintiff was

entitled to restricted or unrestricted shares of stock. Plaintiff says unrestricted.

The District Court granted summary judgment to Defendants on the ground that no

enforceable contract existed between the parties for unrestricted shares of stock.

We affirm the judgment: as a matter of law, insufficient evidence supports the

contention that unrestricted shares were contemplated by the parties.

On the issues dealing with sanctions, we conclude that the district court did

not abuse its discretion.

AFFIRMED.

* Honorable Inge P. Johnson, United States District Judge for the Northern District of Alabama, sitting by designation.

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