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BLOMMER CHOCOLATE CO. v. BONGARDS CREAMERIES, INC.

No. 83 C 0536.

635 F.Supp. 911 (1985)

BLOMMER CHOCOLATE COMPANY, Employers Insurance of Wausau and Old Republic Insurance Company, Plaintiffs, v. BONGARDS CREAMERIES, INC., and J.M. Swank Company, Inc., Defendants. J.M. SWANK COMPANY, INC., Third party plaintiff, v. PACEMAKER, LTD., Third party defendant.

United States District Court, N.D. Illinois, E.D.

June 28, 1985.

Attorney(s) appearing for the Case

Scott W. Hansen, Reinhart, Boerner et al., Milwaukee, Wis., Thomas W. Murphy, Haskell & Perrin, Chicago, Ill., for plaintiff.

Deborah L. LaDolce, Law Offices of Roderick J. Bergin, Chicago, Ill., for defendant/cross-claimant/third party plaintiff.

James T. Martin, Gislason and Martin, Edina, Minn., William E. Spizzirri, Chicago, Ill., for third party defendant and defendant/cross-defendant.

MEMORANDUM AND ORDER

MORAN, District Judge.

INTRODUCTION

This case stems from the salmonella contamination of several hundred thousand pounds of plaintiff's chocolate products in early 1982. When ingested by humans salmonella bacteria can cause salmonellosis, commonly known as food poisoning. Salmonellosis on occasion can be fatal.

Plaintiff, Blommer Chocolate Company,1 as its name suggests, is a manufacturer...

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