Callisons, Inc. v. Key Farms, Inc, et al., No. 3:08-CV-0426-LRH-RAM, 2010 U.S. Dist. LEXIS 2793 (D. Nev. Jan. 13, 2010)

(plaintiff, manufacturer of and seller of products made from mint oil, entered into futures contracts with defendants for purchase of 60,000 pounds of peppermint oil at $14/lb. in crop years 2008 and 2009; defendants failed to produce any mint oil in either 2008 or 2009 and plaintiff purchased mint oil from other farmers at more than double the contract price and sued defendants for breach of contract, anticipatory repudiation and intentional interference with contractual relations; plaintiff not entitled to JML because factual issues remain relating to the necessity of plaintiff's purported need to cover from particular farms that it did due to alleged unique characteristics of mint oil and differences based on various growing regions in Nevada; plaintiff's motion for partial summary judgment likewise denied).