MORTON'S MARKET, INC. v. GUSTAFSON'S DAIRY, INC.

No. 98-2498.

198 F.3d 823 (1999)

MORTON'S MARKET, INC.; J & J Produce and Deli, Inc., Plaintiffs-Appellants, v. GUSTAFSON'S DAIRY, INC., Defendant, Borden, Inc.; T.G. Lee Foods, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 20, 1999.


Attorney(s) appearing for the Case

Joel C. Meredith, Daniel B. Allanoff, Philadelphia, PA, Edith F. Canter, Michael J. Freed, Chicago, IL, for J & J.

Leonard Egan, William C. Buckhold, Washington, DC, for Morton's.

John A. DeVault, Jacksonville, FL, for Gustafson's.

Morris Weinberg, Tampa, FL, for Borden.

Teresa T. Bonder, Atlanta, GA, for Borden and Flav-Rich.

Carey DeDyn, Patricia B. Cunningham, Atlanta, GA, for Pet.

Ronald Gaffney, David Hanlon, Louisville, KY, for Flav-Rich.

William McGowen, William Cary Wright, D. Matthew Allen, Tampa, FL, for Southland.

Douglas Titus, Jr., Tampa, FL, for T.G. Lee.

Before ANDERSON, Chief Judge, HILL, Senior Circuit Judge, and COOK, Senior District Judge.


HILL, Senior Circuit Judge:

Plaintiffs brought these consolidated antitrust actions against most of the large dairy producers in Florida. The district court held the actions time-barred and granted summary judgment for the defendants. Both plaintiffs appeal.

I.

J & J Produce & Deli, Inc. and Morton's Market, Inc. are retailers of milk. Gustafson's Dairy, Inc., Borden, Inc., Pet, Inc., Flav-O-Rich, Inc., the Southland Corporation, T.G. Lee...

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