MARSHALL DURBIN FARMS, INC., et al., Plaintiffs-Appellees,
v.
NATIONAL FARMERS ORGANIZATION, INC., et al., Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 9, 1971.
July 9, 1971.
Attorney(s) appearing for the Case
Robert S. Vance, Birmingham, Ala., Lee D. Sinclair, Washington, D. C., Rowley & Scott, John P. McKenna, Washington, D. C., Worth Rowley, Washington, D. C., for defendants-appellants; Jenkins, Cole, Callaway & Vance, Birmingham, Ala., of counsel.
L. Drew Redden, Sirote, Permutt, Friend & Friedman, Birmingham, Ala., Collier, Shannon, Rill & Edwards, James F. Rill, Washington, D. C., Caddell, Shanks, Harris & Moores, Decatur, Ala., Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., Robert H. Harris, Jon H. Moores, Decatur, Ala., C. V. Stelzenmuller, Birmingham, Ala., John A. Fraser, St. Louis, Mo. (Special Counsel for Plaintiff Ralston-Purina Company) for plaintiffs-appellees; Rogers, Howard, Redden & Mills, Birmingham, Ala., Harry E. Jennings, Jr., Washington, D. C., William H. Mills, Birmingham, Ala., James L. Permutt, William G. West, Jr., Birmingham, Ala., of counsel.
Before THORNBERRY and GODBOLD, Circuit Judges, and BOOTLE, District Judge.
United States Court of Appeals, Fifth Circuit.
GODBOLD, Circuit Judge:
National Farmers Organization (NFO)1 and several of its members appeal from the District Court's order granting a preliminary injunction against them in an action alleging violations of §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1-2. We reverse.
The fourteen plaintiffs2 are processors of broiler chickens and operators of feed mills. They have large numbers...
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