Smithfield Ham & Products Co. v. Portion Pac, Inc.

MEMORANDUM OPINION AND ORDER

REBECCA BEACH SMITH, District Judge.

This matter is before the court for resolution of two unresolved issues from Defendant’s Motion for Summary Judgment.

I. Factual and Procedural History

Plaintiff, Smithfield Ham and Products Company, Inc. (“Smithfield”), is a food products company based in Smithfield, Virginia. Smithfield contracted with Defendant, Portion Pac, Inc. (“PPI”), and its predecessors in interest, Borden, Inc. and McCormick & Company, Inc., to manufacture and package barbecue and horseradish sauces for resale by Smithfield to restaurant chains.…