Mattern Hatchery, Inc. v. Bayside Enterprises, Inc.

MEMORANDUM

McCLURE, District Judge.

I. BACKGROUND

Plaintiffs Mattern Hatchery, Inc. (“Mat-tern”) and Empire Kosher Poultry, Inc. (“Empire”) 1 allege in this diversity action 2 that Bayside Enterprises, Inc. (“Bayside”) breached express and implied warranties and fraudulently misrepresented the genetic history and quality of a breed of poultry known as the Penobscot which Bayside sold to Empire in July, 1988.

Empire is the world’s largest kosher processors of chicken. Prior to 1988 when it sold the breed to Empire, Bayside ran a breeding operation (centered in Belfast, Maine) and a processing…