GENERAL MILLS OPERATIONS v. FIVE STAR CUSTOM FOODS

Nos. 12-1731, 12-1826.

703 F.3d 1104 (2013)

GENERAL MILLS OPERATIONS, LLC, Plaintiff-Appellee v. FIVE STAR CUSTOM FOODS, LTD., Defendant-Appellant Westland Meat Company, Inc., also known as Hallmark Meat Packing Co.; Hallmark Meat Packing, Inc., Third Party Defendants. General Mills Operations, LLC, Plaintiff-Appellant v. Five Star Custom Foods, Ltd., Defendant-Appellee Westland Meat Company, Inc., also known as Hallmark Meat Packing Co.; Hallmark Meat Packing, Inc., Third Party Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: January 7, 2013.


Attorney(s) appearing for the Case

Meaghan C. Bryan , argued, Peter G. Van Bergen , Andrea E. Reisbord , on the brief, Minneapolis, MN, for Appellant.

Rolf Edward Gilbertson , argued, Christopher R. Paar , Kaisa M. Adams , on the brief, Minneapolis, MN, for Appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.


BENTON, Circuit Judge.

General Mills Operations, LLC purchased meatballs from Five Star Custom Foods, Ltd. After delivery and use of the meatballs, Five Star's supplier of ground beef issued a recall. Accordingly, General Mills destroyed its products containing the meatballs. It sued Five Star for breach of contract and breach of warranties. The district court1 granted summary judgment to General Mills on the breach-of-contract claim,...

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