CARGILL, INC. v. BOAG COLD STORAGE WAREHOUSE, INC.

No. 93-2547.

71 F.3d 545 (1995)

CARGILL, INC., Plaintiff-Appellee, v. BOAG COLD STORAGE WAREHOUSE, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 6, 1995.

Rehearing and Suggestion for Rehearing Denied February 1, 1996.


Attorney(s) appearing for the Case

Stuart H. Teger (argued and briefed), Honigman, Miller, Schwartz & Cohn, Detroit, MI, for Plaintiff-Appellee.

David Berkal, Morrison, Mahoney & Miller, Southfield, MI, John F. Horvath (argued and briefed), Susan L. Troxell (briefed), Horvath & Lieber, Chicago, IL, for Defendant-Appellant.

Before: NELSON and NORRIS, Circuit Judges; BELL, District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied February 1, 1996.

DAVID A. NELSON, Circuit Judge.

This is an appeal from a judgment entered on a verdict for the plaintiff in a diversity action governed by Michigan law.

The action was brought by the producer of a premium brand of frozen turkeys. Two grocery distributors that had purchased turkeys of this brand from the plaintiff arranged to have the birds stored at a warehouse operated by the...

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