FEED MANAGEMENT SYSTEMS, INC. v. COMCO SYSTEMS

Nos. 15-1739, 15-1840.

823 F.3d 488 (2016)

FEED MANAGEMENT SYSTEMS, INC., Plaintiff-Appellant v. COMCO SYSTEMS, INC.; Comco Manufacturing, Ltd., Defendants-Appellees. Feed Management Systems, Inc., Plaintiff-Appellee v. Comco Systems, Inc.; Comco Manufacturing, Ltd., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: May 23, 2016.


Attorney(s) appearing for the Case

Richard George Morgan , argued, Steven L. Reitenour , Jesse E. Sater , on the brief, Minneapolis, MN, for appellant.

Paula Duggan Vraa , argued, Saint Paul, MN ( Stephen Paul Laitinen , Saint Paul, MN, Charles Bradford Marsh, Atlanta, GA, on the brief), for appellee.

Before SMITH, BYE, and BENTON, Circuit Judges.


In July 2008, Feed Management Systems, Inc. (FMS) and Comco Systems, Inc. ("Comco") entered into an agreement ("Management Agreement"). Among other things, the Management Agreement obligated Comco to broadly indemnify FMS as well as reimburse FMS for reasonable costs and expenses, including attorneys' fees. After Comco refused...

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