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EBY v. PRODUCERS CO-OP, INC.

No. 1:96-CV-567.

959 F.Supp. 428 (1997)

Donald EBY and Donald Graber, Plaintiffs, v. PRODUCERS CO-OP, INC., a Michigan corporation, Defendant.

United States District Court, W.D. Michigan, Southern Division.

February 12, 1997.

Attorney(s) appearing for the Case

Donald R. France, Marcellus, MI, Christopher L. Gallinari, Nicholas P. Iavarone, Bellows & Bellows, Chicago, IL, for Plaintiffs.

Stephen A. Rothschild, Shumaker, Loop & Kendrick, Toledo, OH, for Defendant.

OPINION

ROBERT HOLMES BELL, District Judge.

Before the Court is Defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). The Plaintiffs filed their complaint on July 16, 1996. In the complaint, Plaintiffs who are Michigan farmers, claim that Producers, a grain elevator operator with a principal place of business in Constantine, Michigan, marketed to Plaintiffs hedge to arrive contracts (HTAs)

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