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Hall v. Mid-America Dairymen Inc.

January 12, 1999

GARY HALL AND ANDERSON HALL D/B/A H & APPELLANTS H MILK HAULING, INC.
v.
MID-AMERICA DAIRYMEN, INC. APPELLEE



Before Bridges, C.j., Payne, And Southwick, JJ.

The opinion of the court was delivered by: Payne, J.

DATE OF JUDGMENT: 12/23/1997

TRIAL JUDGE: HON. LARRY EUGENE ROBERTS

COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - TORTS - OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE

TRIAL COURT DISPOSITION: CASE DISMISSED WITH PREJUDICE

DISPOSITION: AFFIRMED - 01/12/1999

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

PROCEDURAL HISTORY

¶1. This action commenced on July 16, 1996, when Gary and Anderson Hall d/b/a H & H Milk Hauling, Inc., filed a complaint against Mid-America Dairymen, Inc., Richard Strawick and Dr. Wallace. *fn1 Although named as defendants in this action, process was not served on Strawick or Wallace. After a completion of discovery, Mid-America moved for summary judgment on November 25, 1997. Summary judgment was granted to Mid-America. Feeling aggrieved, H & H Milk Hauling, Inc. perfected its appeal. Having reviewed the law and the facts germane to the issue presented, we affirm the trial court below.

FACTS

ΒΆ2. Southern Milk Sales, Inc. (Southern) was a cooperative of dairy producers in the Southeastern United States. This cooperative membership included dairy farmers in Mississippi. Member producers contracted with Southern to transport their unprocessed milk from their farms to the processing plants. The agreement that these member producers signed provided that the association (being Southern) would direct transportation of the ...


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