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HILAND DAIRY, INC. v. KROGER COMPANY

No. 19122.

402 F.2d 968 (1968)

HILAND DAIRY, INC., Reiss Dairy, Inc., and Sunny Hill Farms Dairy Company, Inc., Appellants, v. The KROGER COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

October 31, 1968.

Attorney(s) appearing for the Case

Gray L. Dorsey, Chesterfield, Mo., for appellants; Edward F. O'Herin, of O'Herin & Newberry, Malden, Mo., and Lynn C. Paulson, Washington, D. C., were on the briefs.

Norman K. Diamond, of Arnold & Porter, Washington, D. C., for appellee; Peter K. Bleakley, Washington, D. C., J. Terrell Vaughan and John P. Emde, of Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., and George A. Leonard, Gen. Counsel, The Kroger Co., Cincinnati, Ohio, were on the brief.

Before VAN OOSTERHOUT, Chief Judge, and GIBSON and BRIGHT, Circuit Judges.

GIBSON, Circuit Judge.

Appellants, plaintiffs below, seek a trial on the merits of their class complaint against appellee, The Kroger Company, for an alleged attempt to monopolize the milk and dairy business in the St. Louis, Mo., Trade Territory in violation of § 2 of the Sherman Anti-Trust Act, 15 U.S.C. § 2. The District Court1 dismissed the complaint on motion for failure to state a claim on which relief could be granted...

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