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ESTATE OF Le BARON v. ROHM AND HAAS COMPANY

No. 24942.

441 F.2d 575 (1971)

ESTATE of William Le BARON, Sr., William Le Baron, Jr., doing business as William Le Baron & Son, a partnership; Walter B. Jarrett and James D. Jarrett, doing business as W. G. Jarrett & Sons, a partnership; George Louis Marengo, Don Mitchell Manor, James Aubrey Manor and Louis Glen Manor, doing business as Manor Bros., a partnership; and Ebert Garland Gassaway, Appellants, v. ROHM AND HAAS COMPANY and Monsanto Company, Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing July 14, 1971.

Attorney(s) appearing for the Case

Lawrence Alioto (argued), Fouke, Wertsch & Hayes, San Francisco, Cal., Daniel L. Berman, Salt Lake City, Utah, for appellants.

Morrison, Foerster, Holloway, Clinton & Clark, Pillsbury, Madison & Sutro, Richard J. Archer, San Francisco, Cal., H. Francis Delone, Philadelphia, Pa., William F. Rogers, St. Louis, Mo., Dechert, Price & Rhoads, Philadelphia, Pa., for appellees.

Before HAMLEY and BROWNING, Circuit Judges, and FERGUSON, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc July 14, 1971.

PER CURIAM:

This is a private treble damage action under Section 4 of the Clayton Act (15 U.S.C. § 15), in which appellants allege that appellees have violated Section 1 of the Sherman Act (15 U.S.C. § 1). It was brought as a class action on behalf of California rice growers.

Appellees manufacture and sell agricultural chemicals. The product involved here is propanil,...

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