Gustafson's Dairy, Inc. - Page 10

               Petitioner provided Superbrand milk for Winn-Dixie's stores            
          in Winn-Dixie's Jacksonville District.  Petitioner also processes           
          and sells milk to Winn-Dixie under the Gustafson's Dairy label.             
               Petitioner must pass inspections conducted by Winn-Dixie to            
          retain its Winn-Dixie Superbrand account.  Petitioner has                   
          complied with modifications requested by Winn-Dixie during its              
          periodic inspections of petitioner's plant.                                 
               Petitioner has never had a written contract with Winn-Dixie.           
          Winn-Dixie could end its relationship with petitioner without               
          notice, but had not done so by the years in issue.                          
               About 10-20 years before trial, Winn-Dixie began to produce            
          Superbrand milk in its own production facilities.  Winn-Dixie now           
          processes and packages Superbrand milk for all of its stores in             
          Florida except those in the Jacksonville District.  Petitioner is           
          the sole remaining outside supplier of Winn-Dixie's Superbrand              
               Winn-Dixie was founded by four brothers named Davis and is             
          headquartered in Jacksonville, Florida.  The Davis family owned a           
          controlling interest in Winn-Dixie during the years at issue.               
          The children of Agnes and Frank Gustafson had a close social                
          relationship with the Davis brothers over the years, including              
          the years at issue.                                                         

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Last modified: May 25, 2011