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KNEVELBAARD DAIRIES v. KRAFT FOODS, INC.

No. 99-55327.

232 F.3d 979 (2000)

KNEVELBAARD DAIRIES, a general partnership consisting of John Knevelbaard and Sam Knevelbaard, general partners, Plaintiffs-Appellants, v. KRAFT FOODS, INC., a Delaware corporation; Alpine Lace Brands, Inc., a Delaware corporation; Borden, Inc., a New Jersey corporation; the National Cheese Exchange, a Wisconsin corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2000.

Attorney(s) appearing for the Case

James Robert Noblin, Blecher & Collins, Los Angeles, California, for the plaintiffs-appellants.

James M. Harris, Michael C. Kelley, Sidley & Austin, Los Angeles, California, for defendants-appellees Alpine Lace Brands, Inc., and Borden, Inc.; Thomas F. Ryan and Bruce M. Zessar, Sidley & Austin, Chicago, Illinois, for defendants-appellees, Borden, Inc.

Before: REINHARDT and PAEZ, Circuit Judges, and DWYER, District Judge.

Opinion by Judge DWYER; Dissent by Judge PAEZ.

DWYER, District Judge:

I. INTRODUCTION

In this antitrust case originally brought in state court under the Cartwright Act, Cal. Bus. & Prof.Code §§ 16700-16770, the plaintiff milk producers2 claim that the defendant cheese makers3 conspired successfully to depress the prices they paid for milk produced in California. The alleged price...

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