Gold Kist, Inc. v. Moody

Pope, Senior Appellate Judge.

This is the fifth appearance of this case before this Court.1 Gold Kist, Inc. is a Georgia agricultural cooperative, and the plaintiffs are former co-op members who were under individual egg production contracts until 1989, when Gold Kist assigned the contracts to another company. The underlying issue in this case is whether the plaintiffs were entitled to an immediate payment of all profits Gold Kist made in selling the plaintiffs’ eggs or whether the co-op was entitled to retain a portion of the profits as “notified equity,” and actually pay out those profits 20…