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121731P.pdf 01/07/2013 General Mills Operations, LLC v. Five Star Custom Foods, Ltd.
U.S. Court of Appeals Case No: 12-1731
and No: 12-1826
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Benton, Author, with Murphy and Shepherd, Circuit Judges]
Civil case - contracts. In suit alleging defendant breached the parties'
contract and its warranties by selling plaintiff tainted meatballs, the
district court did not err in finding sufficient admissible evidence
established that the beef used in the producing the meatballs was
procured in violation of USDA regulations and was, therefore, deemed
adulterated; as a result, the district court did not err in finding defendant
had breached the contract and owed plaintiff damages related to the recall
of the meat; having found that defendant breached the contract, this court
need not address whether defendant also breached warranties, and
plaintiff's cross-appeal challenging the district court's ruling in favor of
defendant on this issue is dismissed as moot; no error in awarding
plaintiff stipulated attorneys' fees.