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PURETEST ICE CREAM, INC. v. KRAFT, INC.

No. 86-1272.

806 F.2d 323 (1986)

PURETEST ICE CREAM, INC., et al., Plaintiffs, Appellees, v. KRAFT, INC., Defendant, Appellee. Camile Foods, Inc., Plaintiff, Appellant.

United States Court of Appeals, First Circuit.

Decided December 4, 1986.

Attorney(s) appearing for the Case

B. Ervin Brown, II, Badgett, Calaway, Phillips, Davis, Stephens, Peed & Brown, Winston-Salem, N.C., Norman B. Smith and Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N.C., on brief, for appellant.

L. Joseph Loveland, King & Spalding, Atlanta, Ga., Peter G. Hermes and Peabody & Arnold, Boston, Mass., on brief, for appellee Kraft, Inc.

Before CAMPBELL, Chief Judge, and BREYER and TORRUELLA, Circuit Judges.

BREYER, Circuit Judge.

In this breach of contract case arising under Indiana law, Camile, a food distributor, argues that Kraft, a food producer, unlawfully terminated its distributorship. Camile appeals from a summary judgment entered in Kraft's favor. The basis for the summary judgment was that Camile failed to point to any provision in any contract that prevented Kraft from unilaterally terminating the relationship. Camile now argues that there were several such...

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