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United States Eighth Circuit


Swift & Co. v. Elias Farms, Inc., 07-2466

In a contract action involving contracts with defendants-hog producers for the supply of hogs, summary judgment against plaintiff on its contract claim and summary judgment against defendants on their counterclaims for breach of contract and violations of the Minnesota Consumer Fraud Act (MCFA) are affirmed in part as to the counterclaims, but reversed as to the ruling on the contract claim where a "termination" provision in a portion of the contract was ambiguous, and neither party produced conclusive evidence that dictated one meaning as a matter of law.

Appellate Information

  • Decided 08/25/2008
  • Published 08/25/2008

Judges

  • COLLOTON, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Kenneth Corey-Edstorm, argued, Minneapolis, MN, Peter D. Favorite, on the brief, for appellant.

  • For Appellees:
  • Jared Peterson, argued, New Ulm, MN, for appellant/appellee.
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