United States District Court for the District of Minnesota
2 F.R.D. 238 (Minn. 1942)
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
Holding and Reasoning (Nordbye, J.)
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