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SOUTHWEST PET PRODUCTS v. KOCH INDUSTRIES

No. Civ.A. 95-2531PHXRGS.

89 F.Supp.2d 1115 (2000)

SOUTHWEST PET PRODUCTS, INC., an Arizona Corporation, Earth Elements, Inc., f/d/b/a Nature's Recipe Pet Foods, Real Party in Interest, Plaintiffs, v. KOCH INDUSTRIES, INC., Koch Agriculture, Inc., Koch Agri-Services, Benson-Quinn Co., and Harvest States Cooperatives, Defendants.

United States District Court, D. Arizona.

March 9, 2000.

MEMORANDUM AND ORDER

YOUNG, District Judge.1

I. Introduction

The plaintiffs in this action, Southwest Pet Products, Inc. ("Southwest") and Earth Elements, Inc. ("Earth Elements"), allege that the various defendants sold them wheat infected with a toxin that was incorporated into pet food and eventually made several...

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