Blommer Chocolate Co. v. Bongards Creameries, Inc.

MEMORANDUM AND ORDER

MORAN, District Judge.

This case is about who will bear the losses stemming from the presence of salmonella in whey that went into chocolate coatings. Bongards Creameries, Inc. made the whey and sold it to Pacemaker, Ltd., a dairy products broker, which sold it to J.M. Swank Co., Inc., a food broker, which sold it to Blommer Chocolate Company, Inc., which combined it with other products into chocolate which was sold to customers of Blommer before the contamination was discovered. The story so far may be found in Blommer Chocolate Co. v. Bongards Creameries, Inc., 635…