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RASKAS FOODS, INC. v. SOUTHWEST WHEY, INC.

Nos. 73794, 73845 & 73863.

978 S.W.2d 46 (1998)

RASKAS FOODS, INC., and Nauvoo Cheese Company, Plaintiffs/Respondents, v. SOUTHWEST WHEY, INC., and Nutrition 101, Inc., Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division One.

October 6, 1998.

Attorney(s) appearing for the Case

David O. Danis, T. Evan Schaeffer, Craig Concannon, St. Louis, for Southwest Whey.

James C. Brandenburg, Todd M. Boehlje, St. Louis, for Nutrition 101, Inc.

Edwin D. Akers, Jr., Thomas P. Hohenstein, Robert W. Schmieder, II, St. Louis, for Raskas Foods & Nauvoo Cheese Co.

CRANDALL, Judge.

Plaintiffs, Raskas Foods, Inc. and Nauvoo Cheese Company, brought a declaratory judgment action against defendants, Southwest Whey, Inc. and Nutrition 101, Inc. Defendants appeal from the trial court's grant of summary judgment in favor of Nauvoo Cheese Company.1 We affirm.2

The facts, as gleaned from the record, established that defendants, Nutrition 101, Inc. (Nutrition) and Southwest...

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