General Mills, Inc. v. Wallner

MEMORANDUM & ORDER

DEVITT, District Judge.

The issue in this action for contribution, raised by defendants’ motion for summary judgment, is whether the undisputed facts show defendants to be co-sureties of the same debt. We agree with defendants that this case is ripe for summary judgment. The unambiguous terms of the guaranties entitle defendants to judgment as a matter of law. Accordingly, we grant defendants’ motion.

This action arises out of defendants’ leveraged buy-out of plaintiff’s company, H. E. Harris & Co. Defendants formed a corporation, H.E.H. Associates, for the purpose of…