BLOMMER CHOCOLATE CO. v. BONGARDS CREAMERIES, INC.

No. 83 C 536.

644 F.Supp. 234 (1986)

BLOMMER CHOCOLATE COMPANY, Employers Insurance of Wausau, and Old Republic Insurance Company, Plaintiffs, v. BONGARDS CREAMERIES, INC. and J.M. Swank Company, Inc., Defendants. J.M. SWANK COMPANY, INC., Third Party Plaintiff, v. PACEMAKER, LTD., Third Party Defendant.

United States District Court, N.D. Illinois, E.D.

September 18, 1986.


Attorney(s) appearing for the Case

Scott W. Hansen, Jeffrey P. Clark, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, Milwaukee, Wis., for plaintiff Blommer Chocolate Co.

Deborah L. LaDolce, Law Offices of Roderick J. Bergin, Chicago, Ill., for defendant-third party plaintiff J.M. Swank Co.

James T. Martin, Gislason, Martin & Varpness, P.A., Edina, Minn., Henry J. Marquard, William E. Spizziri, Kralovec, Marquard, Doyle & Gibbons, Chartered, Chicago, Ill., for defendant Bongards Creameries, Inc. and third party defendant Pacemaker, Ltd.


MEMORANDUM AND ORDER

MORAN, District Judge.

This case is about who will bear the losses stemming from the presence of salmonella in whey that went into chocolate coatings. Bongards Creameries, Inc. made the whey and sold it to Pacemaker, Ltd., a dairy products broker, which sold it to J.M. Swank Co., Inc., a food broker, which sold it to Blommer Chocolate Company, Inc., which combined it with other products into chocolate which was sold to customers of Blommer...

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