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KNUTH v. ERIE-CRAWFORD DAIRY COOPERATIVE ASS'N

(D. C. Civil Action No. 65-1328). Nos. 71-1541 to 71-1548.

463 F.2d 470 (1972)

Robert M. KNUTH, on behalf of himself and on behalf of all other members of the class who are similarly situated, Appellants in No. 71-1541, v. ERIE-CRAWFORD DAIRY COOPERATIVE ASSOCIATION, Appellant in No. 71-1542. Appeal of Howard YOST, in No. 71-1543. Appeal of WILLIAM COLTERYAHN & SONS, INC., in No. 71-1544. Appeal of LINGERLIGHT DAIRY COMPANY, in No. 71-1545. Appeal of ERIE DAIRY LAND, INC., in No. 71-1546. Appeal of GOLDEN GLOW DAIRY, in No. 71-1547. Appeal of YAPLE'S DAIRY, INC., in No. 71-1548.

United States Court of Appeals, Third Circuit.

Decided June 28, 1972.

Attorney(s) appearing for the Case

Paul A. Simmons, Monongahela, Pa., for appellants.

W. Walter Braham, Jr., Kirkpatrick, Lockhart, Johnson & Hutchison, and Frank L. Seamans, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for appellees.

Before ADAMS, GIBBONS and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This case is before us for the second time. Originally it came before us on the appeal of the class representative (the plaintiff) from an order dismissing his complaint for failure to state a claim. The complaint was in three counts and the appeal challenged only the dismissal of Counts I and III. Count I alleged violations of sections 1 and 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1, 2 and sought...

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