U. S. v. NATIONAL BROILER MARKETING ASS'N

No. 76-2115.

550 F.2d 1380 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. NATIONAL BROILER MARKETING ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 22, 1977.


Attorney(s) appearing for the Case

Barry Grossman, John J. Powers, III, Thomas E. Kauper, Asst. Attys. Gen., Antitrust Div., U. S. Dept. of Justice, Washington, D.C., John W. Stokes, U. S. Atty., Atlanta, Ga., for plaintiff-appellant.

Joel B. Kleinman, Washington, D.C., amicus curiae, for Alabama, and others.

Sidney O. Smith, Michael A. Doyle, Frederick H. Von Unwerth, Atlanta, Ga., for defendant-appellee.

Before MORGAN and HILL, Circuit Judges, and NOEL, District Judge.


LEWIS R. MORGAN, Circuit Judge:

We must decide whether broiler industry companies that neither own nor operate farms can be "farmers" within the meaning of a 1922 federal statute called the Capper-Volstead Act,1 which gives farmers' cooperatives some measure of protection from the antitrust laws. The question is a novel one. After careful study of the Act and its legislative history, we are convinced that Congress's purpose in enacting...

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