VERMONT FOOD INDUSTRIES, INC. v. RALSTON PURINA CO.

No. 519, Docket 74-1823.

514 F.2d 456 (1975)

VERMONT FOOD INDUSTRIES, INC., Plaintiff-Appellee, v. RALSTON PURINA CO., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 24, 1975.


Attorney(s) appearing for the Case

Judith S. Kaye, Olwine, Connelly, Chase, O'Donnell & Weyher, New York City (John Logan O'Donnell, Peter Aron, New York City, Natt L. Divoll, Jr., Bellows Falls, Vt., John M. Schobel, Jr., St. Louis, Mo., of counsel), for defendant-appellant.

David L. Cleary, Richard E. Davis, Associates, Inc., Barre, Vt., for plaintiff-appellee.

Before SMITH, OAKES and TIMBERS, Circuit Judges.


OAKES, Circuit Judge:

This appeal is from a judgment after a special verdict in favor of an egg producer, Vermont Food Industries, Inc., in its suit against the appellant poultry feed manufacturer, Ralston Purina Co. The egg producer's claim was that the feed supplied to it by Ralston Purina in its "Life Cycle Feeding Program" contained an improper nutritional balance, resulting in obesity and "fatty liver syndrome" in appellee's laying hens, thereby reducing egg...

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