Zych et al v. National Beef Packing Company, LLC et al

Filing 177

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 172 Report and Recommendation, granting in part and denying in part 139 Motion for Summary Judgment filed by National Beef Packing Company, LLC. (Written Opinion). Signed by Judge James M. Rosenbaum on 02/03/2010. (kmc)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 07-CV-1963(JMR/RLE) Wayne Zych, Michael Currence, Whempner Brothers, Sisseton Livestock, Inc., Carson Larson, Marion Blom, Gregory A. Jensen, Fredin Brothers, Inc., Keith Kvistero, and Roger Stotts v. National Beef Packing Company, L.L.C. ) ) ) ) ) ) ) ) ) ) ) )

ORDER

This matter is before the Court for consideration of the Report and Recommendation issued by the Honorable Raymond L. Erickson, United States Chief Magistrate Judge, on December 3, 2009 [Docket No. 172]. Local Rule 72.2. Based on a de novo review of the record, the Court adopts the Magistrate's Report and Recommendation. Accordingly, IT IS ORDERED that defendant's motion for summary judgment [Docket No. 139] is granted in part and denied in part. Summary judgment is granted as to the claims based upon apparent agency, but denied as to the claims based upon actual agency. Dated: February 3, 2010 Defendant timely filed objections pursuant to

s/ JAMES M. ROSENBAUM JAMES M. ROSENBAUM United States District Judge