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HYLAND LAKES SPUDS v. H.C. SCHMIEDING PRODUCE CO.

No. 98-C-785.

25 F.Supp.2d 941 (1998)

HYLAND LAKES SPUDS, INC., Plaintiff, v. H.C. SCHMIEDING PRODUCE CO., INC., Defendant.

United States District Court, E.D. Wisconsin

December 3, 1998.

Attorney(s) appearing for the Case

James A. Higgins, Byrne, Goyke, Olsen & Tillisch, Wausau, WI, for Plaintiff.

Stephen E. Kravit, Karen L. Tidwall, Kravit Gass Hovel & Leitner, Milwaukee, WI, for Defendant.

DECISION AND ORDER

CALLAHAN, United States Magistrate Judge.

Background

On August 14, 1998, the plaintiff, Hyland Lakes Spuds, Inc., ("Hyland") filed this action against defendant H.C. Schmieding Produce Co., Inc., ("Schmieding"). In its first claim Hyland alleges that it is a seller of potatoes, which are a perishable agricultural commodity within the meaning of 7 U.S.C. § 499a; that Schmieding was, at all material times, a "dealer" within...

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