Summit Foods, Inc. v. Greyhound Food Management, Inc.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

In this diversity case, plaintiff Summit Foods, Inc. (Summit) alleges that defendant Greyhound Food Management, Inc. (Greyhound) breached a sublease agreement. Greyhound has filed a counterclaim alleging that it was Summit that breached the sublease agreement. Cross motions for summary judgment have been filed. I conclude that it was Summit and not Greyhound that breached the sublease. Hence, Greyhound’s motions for summary judgment are granted.

I

The following facts are undisputed. On June 21, 1985, Greyhound entered into a lease (the master…