AFFCO New Zealand, Ltd. v. American Fine Foods Corp.

ORDER GRANTING DEFENDANT SUMMARY JUDGMENT ON COUNTS II AND TV

JAMES LAWRENCE KING, District Judge.

THIS MATTER comes before the Court upon Defendant’s Motion for Summary Judgment (DE # 25), filed July 31, 2012. Therein, Defendant seeks summary judgment on all four counts in Plaintiffs Complaint (DE # 1). The Court is fully briefed on the matter.1 Upon careful consideration of the record and the briefings, the Court finds that Defendant’s Motion should be granted as to Counts II and IV and denied as to Counts I and III.

I. Background

This is an action for breach of contract arising from an…