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CONAGRA FOODS, INC. v. LEXINGTON INS. CO.

No. 227, 2010.

21 A.3d 62 (2011)

CONAGRA FOODS, INC., Plaintiff Below-Appellant, v. LEXINGTON INSURANCE CO., Defendant Below-Appellee.

Supreme Court of Delaware.

Decided: April 28, 2011.

Rehearing Denied June 17, 2011.

Attorney(s) appearing for the Case

John E. James, Esquire , of Potter Anderson & Corroon, LLP, Wilmington, DE; Of Counsel: Jonathan M. Cohen (argued) and William E. Copley, Esquires , of Gilbert, LLP, Washington, D.C., for Appellant.

Denise Seastone Kraft , Paul D. Brown , Aleine M. Porterfield, Esquires , of Edwards Angell Palmer & Dodge, LLP, Wilmington, DE; Of Counsel: Stephen M. Prignano, Esquire , (argued) of Edwards Angell Palmer & Dodge, LLP, Providence, RI, for Appellee.

Before STEELE, Chief Justice, HOLLAND, JACOBS, RIDGELY, Justices, and NEWELL, Judge, constituting the Court en Banc.

RIDGELY, Justice, for the Majority:

This case arises from the alleged contamination in 2007 of certain Peter Pan® and Great Value® peanut butter products that Plaintiff-Below/Appellant, ConAgra Foods, Inc. ("ConAgra"), manufactured at its Sylvester, Georgia plant site. The Centers for Disease Control ("CDC") informed ConAgra that it suspected a link between a certain strain of salmonella and those peanut butter products. Thereafter, ConAgra announced a voluntary...

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