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FIEBER'S DAIRY, INC. v. PURINA MILLS, INC.

No. 02-3302.

331 F.3d 584 (2003)

FIEBER'S DAIRY, INC., a South Dakota Corporation; Donald Fieber; Michael Fieber; Thomas Fieber; Richard Fieber; Peter Fieber; Christopher Fieber, Appellants, v. PURINA MILLS, INC., a Delaware Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 11, 2003.

Attorney(s) appearing for the Case

Thomas F. Burns, Watertown, SD, for appellants.

William F. Day, Jr. and R. Alan Peterson, Sioux Falls, SD, for appellee.

Before MELLOY, FAGG, and SMITH, Circuit Judges.

PER CURIAM.

Fieber's Dairy, Inc. and members of the Fieber family (collectively, Fieber's) appeal the district court's adverse grant of summary judgment in their diversity negligence action against Purina Mills, Inc. (Purina). We reverse and remand.

Fieber's hired a nutritionist from Purina in November 1998 to assist Fieber's with its dairy cows. Fieber's was initially pleased with Purina's results; however, in February 2000 Fieber's noticed negative changes...

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