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WARE v. ASSOCIATED MILK PRODUCERS, INC.

No. 78-2516.

614 F.2d 413 (1980)

Cyrus R. WARE, Plaintiff-Appellant, v. ASSOCIATED MILK PRODUCERS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 24, 1980.

Attorney(s) appearing for the Case

James R. Warncke, John C. Oliver, San Antonio, Tex., for plaintiff-appellant.

Arent, Fox, Kintner, Plotkin & Kahn, Donald M. Barnes, Michael M. Eaton, Washington, D.C., for defendant-appellee.

Before WISDOM, RUBIN, and TATE, Circuit Judges.

PER CURIAM:

The plaintiff, Cyrus Ware, appeals from the dismissal of his antitrust suit. For the reasons set forth, we reverse.

Summary Judgment or Rule 12(b)(6) Dismissal?

The first issue is whether this was a dismissal for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), or a summary judgment for the defendant. On July 5, 1977, the defendant, Associated Milk Producers, Inc., filed a Motion to Dismiss or for...

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