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Jeub v. B/G Foods, Inc.

United States District Court for the District of Minnesota
2 F.R.D. 238 (Minn. 1942)


Facts

Jeub (plaintiff) got food poisoning due to eating ham at one of B/G Foods, Inc.’s (B/G) (defendant) restaurants. Jeub brought suit, and B/G obtained an order to make Swift and Company (Swift) a third party defendant. Swift was the manufacturer of the ham. Swift filed a motion to vacate the order on the grounds that Jeub had not amended the complaint to name Swift as a party and that B/G was unable at the time—because it had not suffered any loss—to bring an action against Swift. Swift thus argued that no relief could be granted against it.

Rule of Law

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Issue

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Holding and Reasoning (Nordbye, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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