Zemco Manufacturing, Inc. v. Navistar International Transportation Corp‪.‬

ARGUED SEPTEMBER 13, 2001 Zemco Manufacturing, Inc., (""Zemco"") filed this action against Navistar International Transportation Corp. (""Navistar"") alleging that Navistar had breached two distinct, but interrelated, agreements with Zemco (""Count I"" and ""Count II"") and had conspired to interfere with a contract (""Count III""). Earlier in this litigation, the district court granted Navistar's motion for summary judgment on Count III, and we affirmed.1 We remanded the remainder of the case to the district court. While on remand, the district court recommended and the parties consented to separate trials for the remaining contract claims. The parties opted to litigate Count I first, and a jury returned a verdict for Navistar. Before Count II proceeded to trial, the district court granted Navistar's motion for summary judgment on this claim finding that the consideration supporting the contract had failed. For the reasons set forth in the following opinion, we reverse the judgment of the district court as to Count II and remand this case for further proceedings.