WHETSTONE CANDY CO., INC. v. KRAFT FOODS, INC.

No. 03-10272.

351 F.3d 1067 (2003)

WHETSTONE CANDY COMPANY, INC., Plaintiff-Appellant, v. KRAFT FOODS, INC., a Delaware corporation, Defendant-Appellee, Kraft Foods UK, Ltd., a wholly owned subsidiary of Kraft Foods, Inc., Defendants.

United States Court of Appeals, Eleventh Circuit.

Filed November 25, 2003.


Attorney(s) appearing for the Case

Lisa B. Taylor, Robert L. McLeod, II, McLeod & Canan, P.A., St. Augustine, FL, for Plaintiff-Appellant.

Thomas M. Beverly, Jane A. Lester, Bedell, Dittmar, DeVault, & Pillans, P.A., Jacksonville, FL, for Defendant-Appellee.

Before DUBINA, WILSON and KRAVITCH, Circuit Judges.


KRAVITCH, Circuit Judge:

The main issue in this appeal is one of contract interpretation. We must decide whether a settlement agreement between Kraft Foods North America, Inc. ("Kraft NA") and Whetstone Candy Co. ("Whetstone") binds Kraft NA's subsidiary, Kraft Foods UK, Ltd. ("Kraft UK"). Kraft UK was not a party to the agreement and the express terms of the agreement do not reflect an intention to bind Kraft UK. We, therefore...

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