Gates

Gates v. Victor Fine Foods

Good Law
54 F.3d 1457·1995 WL 293946
United States Court of Appeals for the Ninth CircuitMay 16, 1995No. 93-16141California4,608 words

Opinion

Lead Opinion

Scannlain, J.

This case requires us to explore the statutory maze of the Foreign Sovereign Immunities Act as it applies to Canadian entities that market and promote hogs raised in the Province of Alberta and operate a pork processing plant in British Columbia, either one of which might affect employees in a plant in California.

*1459 I

Alberta Pork Producers Development Corporation (“Alberta Pork”) is a Canadian entity established pursuant to the Alberta 'Marketing of Agricultural Products Act, R.S.A. 1980, c. M-5, to provide for the effective marketing and promotion of hogs produced in the Province of Alberta. Alberta Pork is the sole marketing agent through which hogs raised in Alberta for slaughter must be sold. Hog producers must sell their hogs to Alberta Pork, which receives a service charge for each hog. Alberta Pork, in turn, sells the hogs to pork processors both within and outside of Canada and remits the proceeds to the producers.

In order to promote and to sell hogs effectively, Alberta Pork is authorized to acquire businesses that process and sell pork. Pursuant to this authority, Alberta Pork purchased Fletcher’s Fine Foods (“FFF”), a pork processing plant headquartered in…

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