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Cookies Food Products v. Lakes Warehouse
Citation:430 N.W.2d 447 (Iowa 1988).
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1975, L.D. Cook founded Cookies to produce and distribute barbeque sauce. At that time, Cook convinced 35 individuals to purchase Cookies stock, including Herrig. In 1976, Cookies’ board of directors approached Herrig about the idea of distributing Cookie’s products through his companies, Speed (auto parts business) and Lakes (auto parts distributor). In May 1977, Cookies formalized the arrangement and sales soared from only $20,000 in 1976 to $2,400,000 in 1985.
In 1981, Cook decided to sell his interest in Cookies. Herrig offered to purchase Cook’s 8,100 shares and any other’s shares for $10 per share. Herrig ultimately spent $140,000 to become majority shareholder (53%) of Cookies. After acquiring majority control, Herrig replaced four of the five directors. The board thereafter (1) expanded the exclusive distributorship agreement, (2) approved a royalty fee for a taco sauce Herrig developed, (3) authorized payment of a consultant fee to Herrig, and (4) compensated Lakes for certain warehousing fees.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.