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NEW ZEALAND KIWIFRUIT MARKETING v. WILMINGTON

Civ. A. No. 91-580-JLL.

806 F.Supp. 501 (1992)

NEW ZEALAND KIWIFRUIT MARKETING BOARD, Plaintiff, v. CITY OF WILMINGTON, McFoy Refrigeration Company, Perley-Halladay Associates and Devault Refrigeration Services, Inc., Defendants.

United States District Court, D. Delaware.

Opinion on Motion for Reargument November 2, 1992.

Attorney(s) appearing for the Case

David E. Brand of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., and James P. Krauzlis and Edward C. Radzik of Donovan Parry Walsh & Repetto, New York City, of counsel, for plaintiff.

Jeffrey S. Goddess of Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, Del., and James F. Young and Mary Elisa Reeves of Krusen Evans and Byrne, Philadelphia, Pa., of counsel, for defendant City of Wilmington.

Raymond Cobb of Goldfein & Joseph, Wilmington, Del., for defendant McFoy Refrigeration, Inc.

John D. Balaguer of White & Williams, Wilmington, Del., for defendants Perley-Halladay Associates and Devault Refrigeration Services, Inc.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

Defendant, City of Wilmington, has brought this motion before the Court, pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking an order for summary judgment against plaintiff, the New Zealand Kiwifruit Marketing Board ("New Zealand Kiwifruit").1 Plaintiff commenced this action seeking damages for the loss in value of a shipment of kiwifruit...

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