01-0927 Multi-State Specialized Transit Inc. v. McCain Foods Services Inc., et al.

By: dmc-admin//May 6, 2002//

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Multi-State Specialized Transit Inc., appeals a summary judgment dismissing its breach of contract action against McCain Foods. The trial court concluded that the contract allowed McCain to terminate the agreement without giving thirty days’ notice and an opportunity to correct Multi-State’s breach of the environmental protection clause. Multi-State argues that the contract unambiguously required McCain to provide thirty days’ notice and an opportunity to cure or, if the contract is ambiguous, it should be construed against McCain. We conclude that the contract is not ambiguous and does not require thirty days’ notice or an opportunity to cure Multi-State’s breaches of the agreement.

Affirmed.

This opinion will not be published.

Dist III, Chippewa County, Cameron, J., Per Curiam

Attorneys:

For Appellant: Charles B. Harris, Baldwin; Martha H. Heidt, Baldwin; Brian H. Sande, New Richmond

For Respondent: David S. Barritt, Chicago, Ill.; Steven R. Cray, Chippewa Falls

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