1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 752 N.W.2d
  5. 752 N.W.2d 430 (2008)
 

PILLSBURY CO., INC. v. WELLS DAIRY, INC.

No. 06-1002.

752 N.W.2d 430 (2008)

The PILLSBURY COMPANY, INC., Appellant, v. WELLS DAIRY, INC., Appellee. Wells Dairy, Inc., Third-Party Plaintiff, v. American Industrial Refrigeration, Inc. and Refrigeration Valves and Systems Corporation, Third-Party Defendants.

Supreme Court of Iowa.

July 11, 2008.

Attorney(s) appearing for the Case

Mark McCormick and Margaret C. Callahan of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, William J. Cremer, Edmund J. Siegert, and Bradley M. Burd of Cremer, Kopon, Shaughnessy & Spina, L.L.C., Chicago, IL, and Daniel L. Hartnett and Marci L. Iseminger of Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett & Storm, P.C., Sioux City, for appellant.

Juli Wilson Marshall, Mary Rose Alexander, Thomas J. Heiden, André M. Geverola, and Matthew J. Johnson of Latham & Watkins, L.L.P., Chicago, IL, Richard H. Moeller of Berenstein, Moore, Berenstein, Heffernan & Moeller, L.L.P., Sioux City, and Bruce Johnson of Cutler Law Firm, P.C., West Des Moines, for appellee.

WIGGINS, Justice.

The Pillsbury Company, Inc. appeals a district court ruling granting Wells Dairy Inc.'s motion for summary judgment dismissing Pillsbury's action on the grounds that Pillsbury was not the real party in interest and the force-majeure clause in the parties' production contract relieved Wells of performance. On our review of the record, we find that genuine issues of material fact exist as to whether Pillsbury is the real party in interest and that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases