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SOUTHWEST PET PRODUCTS, INC. v. KOCH INDUSTRIES

No. CIV.A. 95-02531-PHX-RGS (WGY).

273 F.Supp.2d 1041 (2003)

SOUTHWEST PET PRODUCTS, INC., 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.

June 11, 2003.

Attorney(s) appearing for the Case

James A. Craft, Esq, Michael R. King, Esq, Gammage & Burnham PLC, Phoenix, AZ, L. Rachel Helyar, Akin, Gump, Strauss, Hauer & Feld LLP, Los Angeles, CA, Peter J. Mort, John W. Vineyard, David Thomas Bristow, Irena Leigh Norton, Akin, Gump, Strauss, Hauer & Feld LLP, Riverside, CA, Gary E. Cripe, Cripe & Graham, Upland, CA, for plaintiffs.

William R. Jones, Jr., Esq, James J. Osborne, Esq, David Conley Lewis, Esq, Carol Marie Romano, Jones, Skelton & Hochuli PLC, Phoenix, AZ, Richard J. Nygaard, Esq, Mark Allen Mitchell, James R. Crassweller, Rider, Bennett, Egan & Arundel LLP, Marc Andre Al, Lindquist & Vennum PLLP, Mineapolis, MN, for defendants.

MEMORANDUM

YOUNG, District Judge.2

I. INTRODUCTION

On March 3, 2003, the sole remaining defendant in this action, Benson-Quinn Company ("Benson"), moved for summary judgment on the only surviving claim of the plaintiff, Southwest Pet Products, Inc. ("Southwest") against it: that Benson should be held strictly liable for selling Southwest vomitoxin-infected wheat. The wheat in question was subsequently used to...

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