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UNITED EGG PRODUCERS v. BAUER INTERNATIONAL CORP.

No. 70 Civ. 194.

312 F.Supp. 319 (1970)

UNITED EGG PRODUCERS, Midwest Egg Producers Association, National Egg Company, Northeast Egg Marketing Association, Southwestern Egg Producers, Western Egg Co., Clements Eggs, Inc. and Austin T. Moore, Jr., Plaintiffs, v. BAUER INTERNATIONAL CORPORATION and John P. Bauer, Defendants.

United States District Court, S. D. New York.

April 27, 1970.

Attorney(s) appearing for the Case

Richard L. Bond, and Rosenwasser & Halperin, New York City, for plaintiffs.

Herzfeld & Rubin, New York City, for defendants; Edward L. Birnbaum, Michael Hoenig and Daniel Riesel, New York City, of counsel.

MEMORANDUM

MacMAHON, District Judge.

There can be no question that producers of eggs may conduct their affairs collectively through cooperatives immune from the proscriptions of Section 1 of the Sherman Act, 15 U.S.C. § 1.1 It is plain that all of the alleged conspirators are agricultural cooperatives, officers of such entities and producing members. There is no allegation on the face of the counterclaims that membership...

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