ZINSER v. CONTINENTAL GRAIN CO.

Nos. 79-2296, 79-2310.

660 F.2d 754 (1981)

Joe ZINSER, et al., Plaintiffs-Appellants, v. CONTINENTAL GRAIN COMPANY, et al., Defendants-Appellees. John SPEARMAN, et al., Plaintiffs-Appellants, v. CONTINENTAL GRAIN COMPANY, et al., Defendants-Appellees. Edgar CLEVELAND, individually and on behalf of each and all other persons similarly situated who were wheat farmers in the State of Oklahoma and sold wheat on the open market from May 1, 1972 to September, 1, 1972, Plaintiffs-Appellants, v. Clarence PALMBY; Continental Grain Company; Cargill, Incorporated; Louis Dreyfus Corporation; Cook Industries; Garnac Grain Company; and Bunge Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 6, 1981.

Rehearing Denied September 4, 1981.


Attorney(s) appearing for the Case

Joseph Alioto of Alioto & Alioto, San Francisco, Cal. (James W. Witherspoon, Earnest L. Langley, Marion J. Craig, III, and James E. Elliott of Witherspoon, Aiken & Langley, Hereford, Tex., and Michael T. Garrett of Law Offices of Michael T. Garrett, Clovis, N. M., with him on the brief), for plaintiffs-appellants in No. 79-2296.

Frank Gregory, Tulsa, Okl., and John M. Merritt of John M. Merritt, Inc., Oklahoma City, Okl., for plaintiffs-appellants in No. 79-2310.

Mark H. Alcott, New York City (Simon H. Rifkind, Arthur L. Liman, and Lewis R. Clayton of Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Judson S. Woodruff, Peter B. Bradford, John N. Hermes, and Lou Ann Ables of McAfee & Taft, Oklahoma City, Okl., Neal R. Allen of Culton, Morgan, Britain & White, Amarillo, Tex., for defendant-appellee Continental Grain Co.

Robert J. Emery and James M. Gaitis of Robert J. Emery & Associates, Oklahoma City, Okl., for defendant-appellee Clarence D. Palmby.

Ben L. Burdick and John J. Love, Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., appeared on behalf of appellee Cargill, Incorporated, in Case No. 79-2310 and adopted the brief of appellees Continental Grain Company and Clarence Palmy.

Elliott C. Fenton and Ronald L. Day, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., and J. Paul McGrath, Jack Kaufmann and Michael D. DiGiacomo, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, appeared on behalf of appellee Louis Dreyfus Corporation in Case No. 79-2310 and adopted the brief of appellees Continental Grain Company and Clarence Palmby.

Page Dobson, Holloway, Dobson, Hudson & Bachman, Oklahoma City, Okl., appeared on behalf of appellee Cook Industries, Inc., in Case No. 79-2310 and adopted the brief of Continental Grain Company and Clarence Palmby.

Hugh D. Rice, Rainey, Ross, Rice & Binns, Oklahoma City, Okl., and Cadwalader, Wickersham & Taft, New York City, appeared on behalf of appellee Garnac Grain Co., Inc., and adopted the brief of Continental Grain Company and Clarence Palmby.

James D. Fellers and Burck Bailey, Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., appeared on behalf of appellee Bunge Corporation in Case No. 79-2310 and adopted the brief of Continental Grain Company and Clarence Palmby.

Before SETH, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

These three antitrust cases were brought by wheat farmers in Oklahoma, Texas, and New Mexico against six grain export companies and a former governmental official. The two defendants named in all three complaints are Continental Grain Company, a Delaware corporation with its principal place of business in New York City, and Clarence D. Palmby, a former Assistant Secretary of the United States Department of Agriculture.1...

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