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HOT STUFF FOODS, LLC v. HOUSTON CAS. CO.

Nos. 14-1192, 14-1194.

771 F.3d 1071 (2014)

HOT STUFF FOODS, LLC, Plaintiff-Appellee/Cross-Appellant, v. HOUSTON CASUALTY COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 17, 2014.

Attorney(s) appearing for the Case

Alex M. Hagen , argued, ( Stephen Landon , Sioux Falls, SD, Philip H. Hecht , Washington, DC, on the brief), for Plaintiff-Appellee/Cross-Appellant.

Terrence Reilly McInnis , argued, Irvine, CA, ( William Fuller , Sioux Falls, SD, Ross Smith , Irvine, CA, on the brief), Defendant-Appellant/Cross-Appellee.

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

LOKEN, Circuit Judge.

Hot Stuff Foods manufactures and sells consumer food products including Sausage Breakfast Sandwiches assembled at its processing facility in Shakopee, Minnesota. Hot Stuff uses sausage for the Sausage Breakfast Sandwiches that does not contain monosodium glutamate (MSG), a flavor enhancer that must be disclosed on a food product's label when it is an added ingredient. See 21 U.S.C. § 343(i). Hot Stuff also distributes sausage that...

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