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TREASURE VAL. POTATO BAR. ASS'N v. ORE-IDA FOODS, INC.

Nos. 71-2742 to 71-2744.

497 F.2d 203 (1974)

TREASURE VALLEY POTATO BARGAINING ASSOCIATION et al., Plaintiffs-Appellants, v. ORE-IDA FOODS, INC. and J. R. Simplot Company, Defendants-Appellees. TREASURE VALLEY POTATO BARGAINING ASSOCIATION, Plaintiff-Cross-Appellee, v. ORE-IDA FOODS, INC., Defendant-Cross-Appellant. TREASURE VALLEY POTATO BARGAINING ASSOCIATION, Plaintiff-Cross-Appellee, v. J. R. SIMPLOT COMPANY, Defendant-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

April 11, 1974.

Attorney(s) appearing for the Case

Joseph M. Alioto (argued), Peter J. Donnici, Joseph L. Alioto, Law Offices of Joseph L. Alioto, San Francisco, Cal., Howard D. Humphrey, Clemons, Cosho, Humphrey & Samuelsen, Boise, Idaho, for plaintiff-cross-appellee.

William Simon (argued), Donald J. Gavin, John Bodner, Jr., Howrey, Simon, Baker & Murchison, Washington, D. C., Eugene C. Thomas, Moffatt, Thomas, Barrett & Blanton, Boise, Idaho, for defendant-cross-appellant.

Carl J. Schuck (argued), George Christensen, Overton, Lyman & Prince, Los Angeles, Cal., Jess B. Hawley Jr., Hawley, Troxell, Ennis & Hawley, Boise, Idaho, for defendant-cross-appellant Simplot.

Before CARTER, GOODWIN and WALLACE, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

This is a private action for treble damages under the antitrust laws. The plaintiffs grow potatoes and sell them to the defendants; the defendants turn these raw potatoes into frozen french fries and resell them. In 1966 the action was initiated by the plaintiffs, charging inter alia that the defendants had conspired from 1963 to 1966 to fix the prices at which they would purchase the plaintiffs' potatoes. The defendants charged...

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