SANITARY MILK PRODUCERS v. BERGJANS FARM DAIRY, INC.

No. 18119.

368 F.2d 679 (1966)

SANITARY MILK PRODUCERS, Clarence B. Palmer, Karl B. Althage, R. D. Pennewell and Russell E. Spaulding, Appellants, v. BERGJANS FARM DAIRY, INCORPORATED, Ozark Dairy Company, Incorporated, Patke Farm Dairy, Incorporated, The Dairy Maids, Incorporated, The North Hills Dairy Company, Incorporated, and Woodlawn Farm Dairy Company, Incorporated, Appellees.

United States Court of Appeals Eighth Circuit.

November 10, 1966.


Attorney(s) appearing for the Case

Wilburn A. Duncan and Wayne B. Wright, St. Louis, Mo., for appellants.

Veryl L. Riddle, of Riddle, O'Herin & Newberry, Malden, Mo., and Gray L. Dorsey, Chesterfield, Mo., for appellees.

Before JOHNSEN and BLACKMUN, Circuit Judges, and YOUNG, District Judge.


BLACKMUN, Circuit Judge.

In August 1962 the six plaintiffs, appellees here, which are incorporated small dairies in the Saint Louis area, instituted this private action in four counts seeking treble damages and injunctive relief against Sanitary Milk Producers, Inc., a dairy-farmer cooperative, four of Sanitary's officers and directors, and four retail organizations, for alleged violations in 1962 and 1963 of the Sherman and Clayton Acts as amended, 15 U.S.C. §...

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