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IN RE SUGAR ANTITRUST LITIGATION

No. 76-2919.

559 F.2d 481 (1977)

In re SUGAR ANTITRUST LITIGATION. (M.D.L. No. 201) AMERICAN CRYSTAL SUGAR COMPANY, a dissolved New Jersey Corporation, American Crystal Sugar Company, a Minnesota Agricultural Cooperative, Amstar Corporation, California Beet Growers Association, the Amalgamated Sugar Company, the Great Western Sugar Company, and U and I Incorporated, Petitioners, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent, Anthony J. Pizza Food Products Corporation et al., Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 23, 1977.

Attorney(s) appearing for the Case

Francis R. Kirkham, James F. Kirkham, James B. Young, Pillsbury, Madison & Sutro, Robert D. Raven, Morrison & Foerster, San Francisco, Cal., for petitioners.

James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for respondent.

Josef D. Cooper, Cooper & Scarpulla, San Francisco, Cal., Wm. H. Ferguson, Ferguson & Burdell, Seattle, Wash., Perry Goldberg, Specks & Goldberg, Chicago, Ill., Harold E. Kohn, Kohn, Savett, Marion & Graf, P. C., Philadelphia, Pa., Guido Saveri, San Francisco, Cal., for real parties in interest.

Before HUFSTEDLER and GOODWIN, Circuit Judges.

ORDER

Petitioners seek a writ of mandamus to overturn the respondent-district court's certification of fifteen classes and three subclasses in a treble damages antitrust suit alleging price fixing under Section 1 of the Sherman Act, 15 U.S.C. § 1 (1973). Petitioners argue, inter alia, that the district court abused its discretion in finding that the antitrust action satisfied the prerequisites to class action treatment under Fed.R.Civ.P. 23(a) and 23...

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