THREE J FARMS, INC. v. ALTON BOX BOARD CO.

No. 78-1896.

609 F.2d 112 (1979)

THREE J FARMS, INC., U. S. Textile Corporation, Shapiro & Son Bedspread Corp. and Troy H. Cribb & Sons, Inc., in behalf of themselves and all other parties similarly situated and circumstanced, Appellants, v. ALTON BOX BOARD CO.; Container Corporation of America; Hoerner Waldorf Corp.; Inland Container Corp.; St. Joe Paper Co.; St. Regis Paper Co.; Stone Container Corp.; Tim Poffenbarger; Ennis McCarter; Westvaco Corp.; Boise Cascade Corp.; Champion International, Inc.; the Chesapeake Corp. of Virginia; Consolidated Packaging Corp.; the Continental Group, Inc.; Corco, Inc.; Crown-Zellerbach Corp.; Diamond International Corp.; Dura-Containers, Inc.; Fiberboard Corp.; Georgia-Pacific Corp.; Green Bay Packaging, Inc.; International Paper Co.; Interstate Container Corp.; Longview Fibre Co.; MacMillan Bloedel, Inc.; MacMillan Bloedel Containers, Inc.; Menasha Corp.; Olinkraft, Inc.; Owens-Illinois, Inc.; Packing Corp. of America; Potlatch Corp.; Southwest Forest Industries, Inc.; Union Camp Corp.; U. S. Corrugated Fibrebox Co.; Western Kraft East, Inc.; Weyerhaeuser; Williamette Industries; the Fibre Box Assn., an unincorporated association; and "John Doe" and "Richard Roe", the names "John Doe" and "Richard Roe" being fictitious; the parties intended being those parties who participated in the unlawful act alleged herein, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 9, 1979.


Attorney(s) appearing for the Case

Robert L. Stoddard, Spartanburg, S. C. (Moore, Stoddard & Stoddard, Spartanburg, S. C., on brief), for appellants.

Thomas G. Slater, Jr., Richmond, Va. (Ray V. Hartwell, III, Edgar M. Roach, Jr., Hunton & Williams, Richmond, Va., on brief), for appellees.

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.


FIELD, Senior Circuit Judge:

Commencing in March of 1977, in the wake of a federal grand jury investigation in the Southern District of Texas, a number of actions were filed in various federal courts throughout the country against corrugated container manufacturers, including all of the defendants in the present case, alleging that they had violated Section 1 of the Sherman Act, 15 U.S.C. § 1, over an eighteen year period by engaging in a nationwide conspiracy...

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