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DINGXI LONGHAI DAIRY v. BECWOOD TECHNOLOGY GROUP

No. 10-2612.

635 F.3d 1106 (2011)

DINGXI LONGHAI DAIRY, LTD., Plaintiff-Appellant, v. BECWOOD TECHNOLOGY GROUP L.L.C., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 17, 2011.

Attorney(s) appearing for the Case

Anthony J. Pruzinsky , New York, NY, Justin M. Heilig , New York, NY, and Delhi Qu , Saint Paul, MN, on the brief, for appellant.

There is no counsel of record nor was any brief filed by appellee.

Before LOKEN, MELLOY, and SHEPHERD, Circuit Judges.

PER CURIAM.

Dingxi Longhai Dairy ("Dingxi") agreed to ship 612 metric tons of Inulin, a dietary fiber extract, to Becwood Technology Group ("Becwood"), a Minnesota distributor. The contract called for four shipments from the port of Tianjin-Xingang, China, to Londonderry, New Hampshire. Becwood received the first two shipments, paid for one, and refused to pay for the second because of mold on the exterior of the packaging. Dingxi recalled the third and fourth shipments...

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