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STATE OF ARIZ. v. SHAMROCK FOODS CO.

No. 82-5875.

729 F.2d 1208 (1984)

STATE OF ARIZONA, Plaintiff-Appellant, v. SHAMROCK FOODS COMPANY, an Arizona corporation; and Beatrice Foods Company, an Illinois corporation, Defendants-Appellees. Darryll J. ALTON, et al., Plaintiffs-Appellants, v. SHAMROCK FOODS COMPANY, an Arizona corporation, and Beatrice Foods Company, an Illinois corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1984.

As Amended June 21, 1984.

Attorney(s) appearing for the Case

J. Michael Hennigan, Bretz & Hennigan, Los Angeles, Cal., for plaintiff-appellant.

Charles R. Hoover, Jennings, Strouss & Salmon, Scottsdale, Ariz., for defendants-appellees.

Before KENNEDY and BOOCHEVER, Circuit Judges, and EAST, Senior District Judge.

BOOCHEVER, Circuit Judge.

This is an action by five certified classes against several Arizona dairy product producers alleging a wholesale price-fixing conspiracy. During the course of the suit, all claims were settled except those by the consumer class against Shamrock Foods Co. and another producer joined six years after initiation of the suit. Shamrock moved for partial summary judgment on the ground that the consumers' claims for pass-on damages from purchases...

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