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MILAN EXP., INC. v. MISSIE, INC.

No. 83-2001-M.

575 F.Supp. 931 (1983)

MILAN EXPRESS, INC., Plaintiff and Counterdefendant, v. MISSIE, INC., Defendant, Counterplaintiff and Third Party Plaintiff, v. LEWIS BEAR CO., Third Party Defendant, v. MARTHA WHITE FOODS, INC., d/b/a Model Mill Co., Third Party Defendant.

United States District Court, W.D. Tennessee, W.D.

November 8, 1983.

Attorney(s) appearing for the Case

William H. Kitchens, Robert L. Rothman, Arnall, Golden & Gregory, Atlanta, Ga., William J. Landers, Martin, Tate, Morrow & Marston, P.C., Memphis, Tenn., for Lewis Bear Co.

John Paul Jones, Memphis, Tenn., for Missie, Inc.

ORDER DENYING THIRD PARTY DEFENDANT, LEWIS BEAR COMPANY'S MOTIONS TO DISMISS

McRAE, Chief Judge.

Plaintiff, Milan Express, Inc. (Milan) filed this action against Missie, Inc. (Missie) for breach of contract based on Missie's failure to deliver 43,924 pounds of grits to Lewis Bear Co., a Florida corporation, in Pensacola, Florida. Lewis Bear Co. is engaged in the wholesale grocery distribution business and purchased these goods on consignment from Martha...

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