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PREMIER WINE & SPIRITS v. E. & J. GALLO WINERY

No. CV F-84-657(EDP).

644 F.Supp. 1431 (1986)

PREMIER WINE & SPIRITS OF SOUTH DAKOTA INCORPORATED, a South Dakota corporation Plaintiff, v. E. & J. GALLO WINERY, a foreign corporation, Defendant.

United States District Court, E.D. California.

September 23, 1986.

Attorney(s) appearing for the Case

James P. Moher, Cotchett & Illston, San Mateo, Cal., Thomas J. Welk, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S.D., for the plaintiff.

D. Greg Durbin, McCormick, Barstow, Sheppard, Wayte & Carruth, Fresno, Cal., Elliot S. Kaplan, Robins, Zelle, Larson & Kaplan, Minneapolis, Mn., Jack B. Owens, Matthew Weston-Dawkes, Modesto, Cal., Charles R. Johnson, Johnson, Eklund & Davis, Gregory, S.D., for the defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

PRICE, District Judge.

Plaintiff, Premier Wine & Spirits of South Dakota, Incorporated (hereafter "Premier"), originally filed suit against defendant E. & J. Gallo Winery (hereafter "Gallo") stating three causes of action based on theories of breach of contract, violation of the South Dakota Franchise Act, and breach of fiduciary duty. After the case was transferred...

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