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MILLENKAMP v. DAVISCO FOODS INTERN., INC.

Nos. 07-35299, 07-35318.

562 F.3d 971 (2009)

Bill MILLENKAMP; Susie Millenkamp, husband and wife, dba Millenkamp Cattle, Plaintiffs-Appellees, v. DAVISCO FOODS INTERNATIONAL, INC., Defendant-Appellant, and Cargill Incorporated, Defendant. Bill Millenkamp; Susie Millenkamp, husband and wife, dba Millenkamp Cattle, Plaintiffs-Appellants, v. Davisco Foods International, Inc., Defendant-Appellee, and Cargill Incorporated, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2009.

Attorney(s) appearing for the Case

Kenneth R. White, MacKenzie & Gustafson, Ltd., St. Peter, MN, and Tom Lopez and Lou Piccioni, Lopez & Kelly, P.L.L.C., Boise, ID, for defendants-appellants.

Tom Arkoosh and David Heida, Arkoosh Law Offices, Chtd., Gooding, ID, for plaintiffs-appellees.

Before: J. CLIFFORD WALLACE, STEPHEN S. TROTT and N. RANDY SMITH, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge:

Davisco Foods International, Inc. ("Davisco") here appeals from (1) the district court judgment that it breached express and implied warranties to Bill and Susie Millenkamp (the "Millenkamps") and (2) the district court's denial of post-trial motions that would relieve Davisco of the judgment. We conclude that the district court erred in admitting evidence and giving jury instructions concerning Idaho milk permeate labeling...

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