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HAYES v. SEALTEST FOODS DIVISION OF NAT. DAIRY PROD. CORP.

Nos. 16695, 16696.

396 F.2d 448 (1968)

Ernest N. HAYES and Stanley Yagla on Behalf of Themselves and all others similarly situated v. SEALTEST FOODS DIVISION OF NATIONAL DAIRY PRODUCTS CORPORATION, Isaly Dairy Co. of Pittsburgh, Otto Milk Company, Meadow Gold Dairies, Inc., Homer H. Martz, Howard L. Smith, N. E. Sampson, Jay M. Hauger and Frank McKinney, Ernest N. Hayes, Appellant. Ernest N. HAYES and Stanley Yagla on Behalf of Themselves and all others similarly situated v. DAIRYMEN'S CO-OPERATIVE SALES ASSOCIATION, Incorporated, Ernest N. Hayes, Appellant.

United States Court of Appeals Third Circuit.

Decided May 6, 1968.

Rehearing Denied June 20, 1968.

Attorney(s) appearing for the Case

Paul A. Simmons, Tempest & Simmons, Monongahela, Pa., for appellant in both cases.

Frank L. Seamans, Eckert, Seamans & Cherin, Pittsburgh, Pa. (Robert C. McCartney, Edward G. O'Connor, Pittsburgh, Pa., on the brief), for appellee, Sealtest Foods Division of National Dairy Products Corp.

Thomas W. Pomeroy, Jr., Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa. (W. Walter Braham, Jr., Harry W. Turner, Pittsburgh, Pa., on the brief), for appellees, Homer H. Martz; Howard L. Smith; N. E. Sampson; Jay M. Hauger; Frank McKinney; and Dairymen's Co-Operative Sales Association.

Walter T. McGough, Harry H. Weil, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee, Otto Milk Co.

James A. Bell, Thorp, Reed & Armstrong, Pittsburgh, Pa., for appellee, Isaly Dairy Co. of Pittsburgh.

Harry S. Dunmire, H. R. Winton, Jr., John P. Fox, Jr., Chicago, Ill., for appellee, Meadow Gold Dairies, Inc.

Before McLAUGHLIN, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Plaintiffs appeal from the judgment of the district court dismissing their composite amended complaint ("complaint") with prejudice for failure to state a claim. This came after their two civil actions were consolidated.

Plaintiffs, Pennsylvania milk producers, brought these class actions under Sections 1 and 2 of the Sherman Act1 on behalf of...

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