to distinguish among mergers, consolidations, and purchases of assets so long as there is a continuity in the employing industry. Golden State Bottling, 414 U.S. at 182 n.5, 94 S.Ct. at 424. However, the Court went on to emphasize that the successor’s potential liability is a matter which can be reflected in the price he pays for the business, or in an indemnity clause in the sales contract which would indemnify him for liability arising from the seller’s unfair labor practices. Id. at 185, 94 S.Ct. at 425. This is impossible to do if there is no sale or contract between the predecessor and successor. The Eighth Circuit has held that some sort of sale must occur to form a predecessor-successor relationship. Whitmore v. O’Connor Management, Inc., 156 F.3d 796, 799 (8th Cir.1998) (<HOLDING>) . The Eighth Circuit has only handed down one
holding that because there was no predecessorsuccessor relationship defendant corporation was under no duty to reemploy nurse returning from military service who had worked for alleged predecessor company holding that plaintiffs theory was flawed because there was no sale of a business creating a predecessorsuccessor relation between the two corporations holding that there is no unitary business in part because there is no flow of international business holding that the owner of the land could not bring a 93a action against a prior owner of the land who was not the seller because there was no business connection between the two parties holding in the analogous context of choiceoflaw in relation to the sale of personal property that compensation for arranging the sale is assessed apart from underlying sale