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HOLDEN FARMS, INC. v. HOG SLAT, INC.

No. 02-2786 MN.

347 F.3d 1055 (2003)

HOLDEN FARMS, INC., a Minnesota Corporation; Rod Garness; Eugene C. Ward; Randy Swanson; Rick Anderson d/b/a Circle A Farms; Tim Sanborn; AJ Farms, a Minnesota General Partnership; Dennis Kofstad; Marlin Kruckeberg; and Pork Avenue, LLP, a Minnesota Limited Liability Partnership, Appellants, v. HOG SLAT, INC., a North Carolina Corporation; BCM Manufacturing, Ltd., a Canadian Corporation; and Double L Group Ltd., an Iowa Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 28, 2003.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Duston J. Cross, New Ulm, MN. Additional attorney appearing on the brief was Peter D. Favorite.

Counsel who presented argument on behalf of the appellee Hog Slat, Inc. was Paul R. Dieseth, Minneapolis, MN. Counsel who presented argument on behalf of appellee BCM was Richard W. Sobalvarro, St. Cloud, MN. Counsel who presented argument on behalf of appellee Double L Group was Joseph F. Lulic, Minneapolis, MN.

Before WOLLMAN, RICHARD S. ARNOLD, and MURPHY, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

In this case an ultimate buyer sues up the stream of commerce alleging warranty, contract, and tort claims against the direct seller, tort and warranty claims against the distributor, and tort and warranty claims against the manufacturer. The District Court dismissed all claims on motions to dismiss and for summary judgment. We affirm in part and reverse in part.

I.

Holden...

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