WAINWRIGHT v. NATIONAL DAIRY PRODUCTS CORP.

Civ. A. No. 12278.

304 F.Supp. 567 (1969)

Bill C. WAINWRIGHT, Ed S. Cook, Mrs. LeRoy Woodward, Dr. Asa G. Yancey, Fred M. Shell, T. Charles Allen, Robinson W. Schilling, Dr. Horace E. Tate and Mrs. Sara P. Mitchell, in their representative capacities as Members of the Atlanta Board of Education v. NATIONAL DAIRY PRODUCTS CORP.; Foremost Foods, Inc.; Pet Incorporated; Irvindale Dairies, Inc.; Atlanta Dairies Cooperative; R. L. Mathis Certified Dairy Co.; Better Maid Dairy Products, Inc.; Home Town Foods, Inc., d/b/a Foremost Dairies of the South and Foremost Farmbest; and Foremost-McKesson, Inc.

United States District Court N. D. Georgia, Atlanta Division.

September 30, 1969.


Attorney(s) appearing for the Case

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Latimer, Haddon & Stanfield, Atlanta, Ga., for plaintiff.

King & Spalding, Atlanta, Ga., for National Dairy Products Corp.

Heyman & Sizemore, Atlanta, Ga., for Irvindale Dairies, Inc.

Webb, Parker & Ferguson, Paul Webb, Jr., Atlanta, Ga., for Atlanta Dairies Co-op.

Fortson, Bentley & Griffin, Athens, Ga., for Better Maid Dairy Products, Inc.

Wallace, Wallace & Driebe, Jonesboro, Ga., for R. L. Mathis Certified Dairy Co.

Sanders, Hester, Holley, Ashmore & Boozer, Atlanta, Ga., for Pet, Inc.

Fisher & Phillips, Atlanta, Ga., for Home Town Foods, Inc. and Foremost-McKesson, Inc.


ORDER

EDENFIELD, District Judge.

To facilitate the ultimate disposition of this multi-faceted antitrust action, the court asked each party to discuss the effect of the Georgia Milk Control Act on the plaintiff's case. The court will herein treat those suing as "the Board of Education of the City of Atlanta."

Plaintiff in its complaint urges that the defendants joined in a conspiracy, contract, or combination restraining trade, fixing prices, and...

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