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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
milk.
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