This section contains the nature of the case and procedural background.

Jeub (P) sued B/G Foods (D) for the illness he incurred from eating ham served at one of D's restaurants. D obtained an ex parte order making Swift & Co., a third-party defendant. Swift & Co. sold the ham to D in a sealed container. D's third party complaint disclaimed negligence for P's injuries and blamed Swift & Co., and sought indemnification from Swift & Co. for any recovery that P would get from D. Swift & Co. moved to vacate the ex parte order under Rule 14, and under Minnesota law were the right did not exist (a right to indemnification exists only after the defendant pays a recovery).

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