Kerry Earnhardt, son of Dale Earnhardt, is in a feud with Teresa Earnhardt, Dale's third wife and widow, over the use of the family name.
Despite the fact that Teresa married into the family, she does not want Kerry and his wife, Rene, to promote the "Earnhardt Collection" of residential units built by Schumacher Homes.
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Kerry and Rene helped design and promote the brand that will also add furniture to its collection.
Teresa filed an appeal last week in federal court over a U.