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CLEARLY CANADIAN BEVERAGE CORP. v. AMERICAN WINERY

Nos. 00-3873, 00-3877, 00-3876.

257 F.3d 880 (2001)

CLEARLY CANADIAN BEVERAGE CORPORATION, Appellee, v. AMERICAN WINERY, INC. d/b/a Beverage Concepts, and Highland Community Bank, Appellants, Timothy J. Rand, Appellant, v. Clearly Canadian Beverage Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2001.

Attorney(s) appearing for the Case

Ronald A. Norwood, argued, St. Louis, MO, for appellant American Winery.

Joseph J. Trad, argued, St. Louis, MO, for appellant Timothy J. Rand.

Daniel R. Madock, argued, Chicago, IL, for appellant Highland Community.

Joel W. Rice and Todd D. Steenson, Chicago, IL, on the brief, for appellants.

Elizabeth C. Carver, argued, St. Louis, MO (J. Thomas Archer and Mark B. Leadlove, on the brief), for appellee Clearly Canadian Beverage Corp.

Before MORRIS SHEPPARD ARNOLD and RICHARD S. ARNOLD, Circuit Judges, and BATAILLON, District Judge.

BATAILLON, District Judge.

When one company's fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity.

Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation ("Clearly Canadian") filed suit in federal district court against...

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