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Remedies Keyed to Kovacic-Fleischer, 8th
NutraSweet Co. v. Vit-Mar Enterprises, Inc.
Citation:
176 F.3d 151 (1999)Facts
NutraSweet Company manufactures Equal Sweetener and in 1995 agreed to sell several containers of Equal to Vit-Mar Enterprises and The Shiba Group for approximately $1.5 million for distribution in Ukraine and Russia. NutraSweet shipped the Equal with bills of lading specifically restricting distribution to Russia and Ukraine only. Despite these restrictions, several containers were allegedly imported back into the United States. In May 1996, when NutraSweet learned U.S. Customs was prepared to release a shipment of Equal into the U.S. market, it filed suit seeking a writ of replevin and temporary restraining order, arguing the goods were obtained by fraud. The District Court granted the TRO and writ of replevin, and after NutraSweet posted a $329,000 bond, U.S. Marshals seized the Equal. Tekstilschik intervened claiming ownership through a barter transaction with a Russian entity and challenged both remedies.
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