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TACO JOHN'S OF HURON, INC. v. BIX PRODUCE CO., LLC

No. 08-3432.

569 F.3d 401 (2009)

TACO JOHN'S OF HURON, INC., a South Dakota corporation; Taco John's of Jamestown, Inc., a North Dakota corporation; Wisconsin Rapids TJ's, Inc., a South Dakota corporation; Taco John's of Iowa, Inc., an Iowa corporation; Dual Brands, Inc., a Minnesota corporation, Appellants, v. BIX PRODUCE COMPANY, LLC, a Minnesota limited liability company, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 25, 2009.

Attorney(s) appearing for the Case

Barbara A. Bagdon, argued, Minneapolis, MN, James Michael Dady, Minneapolis, MN, on the brief, appellant.

Mark J. Arndt, argued, Sioux Falls, SD, for appellee.

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

ARNOLD, Circuit Judge.

The named plaintiffs in this class action, Taco John's franchisees in South Dakota, North Dakota, Wisconsin, Iowa, and Minnesota, sued Bix Produce Company and three other defendants alleging that the defendants, by providing contaminated lettuce to Taco John's franchisees other than the plaintiffs, negligently caused economic damage to plaintiffs and other Taco John's franchisees.

The district court granted Bix's motion to dismiss for...

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