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Chattanooga area man suing Popeyes appears in court; case heading to trial

Staff photo by C.B. Schmelter / Craig Barr, left, and David Barry, a local attorney representing Popeyes, are seen in Judge Gerald Webb's General Sessions Court room in the Chattanooga-Hamilton County Courts Building on Monday, Oct. 28, 2019 in Chattanooga, Tenn. Barr is suing Popeyes for running out of its popular chicken sandwich.
Staff photo by C.B. Schmelter / Craig Barr, left, and David Barry, a local attorney representing Popeyes, are seen in Judge Gerald Webb's General Sessions Court room in the Chattanooga-Hamilton County Courts Building on Monday, Oct. 28, 2019 in Chattanooga, Tenn. Barr is suing Popeyes for running out of its popular chicken sandwich.

A case involving an East Ridge man and Popeyes chicken will move to trial after the two sides appeared in court Monday morning.

Craig Barr, who owns a small business in the automobile industry, is suing the restaurant chain for running out of the popular chicken sandwich. He claims the company conducted false advertising, deceptive business practices and wasted his time.

“I’m probably going to take a settlement. I mean, what are you going to do, you know?” Barr told the Times Free Press.

On Monday, Barr and David Barry – a local attorney representing Popeyes – stepped into a hallway at the courthouse before appearing before General Sessions Court Judge Gerald Webb. Barr showed Barry photos that purportedly show damage to the parking lot at the Brainerd Road location. Barr has turned some of his focus away from the sandwich and toward damage to his vehicle that was allegedly caused while he was trying to get a sandwich.

Barry declined to comment. Popeyes has not responded to a request for comment.