Premier Wine & Spirits of South Dakota Inc. v. E. & J. Gallo Winery

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

PRICE, District Judge.

Plaintiff, Premier Wine & Spirits of South Dakota, Incorporated (hereafter “Premier”), originally filed suit against defendant E. & J. Gallo Winery (hereafter “Gallo”) stating three causes of action based on theories of breach of contract, violation of the South Dakota Franchise Act, and breach of fiduciary duty. After the case was transferred to this district, Gallo filed a motion for summary judgment on all three counts. The hearing on the motion was held in abeyance pending the Status…