Casino Foods Corporation v. Kraftco Corporation

ORDER ON PETITION FOR REHEARING

We find appellant’s argument against this court’s affirmance of the district court’s granting of summary judgment for Kraftco without merit. No genuine issue of material fact existed to support appellant’s allegation of conspiracy, and summary judgment therefore was proper.

Similarly, appellant’s contentions regarding certain subpoenas and subpoenas duces tecum served by it upon agents of the FBI are of no avail. It seems that appellant desired confirmation by the FBI that New-ell Howlett, of Howlett Olson Egg Co., one of the appellees, had complained about appellant to the FBI, which then investigated appellant. Howlett refused to answer any questions about that complaint during the taking of his pre-trial deposition. Appellant failed to request the court to compel Howlett to answer under F.R.Civ.P. 37. Appellant also did not attempt to obtain the information by utilizing the regulatory procedures implementing the Freedom of Information Act. See 5 U.S.C. § 552 ; 28 C.F.R. §§ 16.1 -.10 (1975). Finally, the district court found that “even if Howlett [had] filed a complaint with the FBI concerning Casino, there is no indication that Kraftco is…