New Zealand Kiwifruit Marketing Board v. City of Wilmington

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

Defendant,' City of Wilmington (“City”), has brought this motion, pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking summary judgment against the crossclaims of codefendants, McFoy Refrigeration Inc., Perley-Halladay Associates, and Devault Refrigeration Services, Inc., (herein after “McFoy”, “Perley-Halladay” and “De-vault” or, collectively, “the codefendants”). (Docket Item [“D.I.”] 71.) On October 22, 1991, plaintiff, New Zealand Kiwifruit Marketing Board, commenced this action seeking damages for the loss in…