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COMMERCIAL RESOURCE GROUP, LLC v. J.M. SMUCKER CO.

No. 12-3308.

753 F.3d 790 (2014)

COMMERCIAL RESOURCE GROUP, LLC, Plaintiff-Appellant v. The J.M. SMUCKER COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 30, 2014.

Corrected: June 25, 2014.

Attorney(s) appearing for the Case

Ronald Harvey McLean , argued, ( Peter William Zuger , on the brief), Fargo, ND, for Plaintiff-Appellant.

Sarah Andrews Herman , argued, Fargo, ND, ( Shannon L. Bjorklund , on the brief), Minneapolis, MN, for Defendant-Appellee.

Before RILEY, Chief Judge, COLLOTON, and KELLY, Circuit Judges.

KELLY, Circuit Judge.

J.M. Smucker Co. ("Smucker") leased a commercial building from Commercial Resource Group ("CRG"). The lease provided that, after its initial term, it would automatically renew unless Smucker provided written notice of its intent to terminate the lease 180 days prior to the end of the current term. Smucker sent a termination notice to CRG that arrived after the deadline. CRG refused to accept the notice and filed suit in federal court based on...

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