RASMUSSEN v. AMERICAN DAIRY ASSOCIATION

No. 26302.

472 F.2d 517 (1973)

William J. RASMUSSEN, Plaintiff-Appellant, v. The AMERICAN DAIRY ASSOCIATION, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied January 30, 1973.


Attorney(s) appearing for the Case

Henderson Stockton (argued), of Stockton & Hing, Hill & Savoy, Phoenix, Ariz., for plaintiff-appellant.

David William West (argued), Newman Porter, of Evans, Kitchel & Jenckes, Richard J. Burke, U. S. Atty., Gary K. Nelson, Atty. Gen., Phoenix, Ariz., Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, Ryley, Carlock & Ralston, Phoenix, Ariz., G. Hal Taylor, Salt Lake City, Utah, H. M. Beggs, of Carson, Messinger, Elliott, Laughlin & Ragon, Phoenix, Ariz., John A. Haas, Mount Prospect, Ill., Keith G. Mumby, Grand Junction, Colo., Richard L. Schrepferman, of Holme, Roberts & Owen, Denver, Colo., for defendants-appellees.

Before MADDEN, Judge of the United States Court of Claims, and BROWNING and DUNIWAY, Circuit Judges.


BROWNING, Circuit Judge:

William Rasmussen, the processor and distributor of a "filled milk" product1 called "Go," appeals from a summary judgment dismissing his Sherman Act suit, 15 U.S.C. §§ 1-7, against various dairy associations and dairy association officials. The district court found jurisdiction lacking under the Sherman Act.

I. The Facts

The relevant facts, drawn from the complaint and the parties...

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