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UNITED STATES v. DAIRYMEN, INC.

Nos. 79-3438, 79-3439.

660 F.2d 192 (1981)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. DAIRYMEN, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 21, 1981.

Rehearing Denied December 22, 1981.

Rehearing and Rehearing Denied February 10, 1982.

Attorney(s) appearing for the Case

Nancy C. Garrison, U. S. Dept. of Justice, Robert B. Nicholson, Antitrust Div., Appellate Section, Barry Grossman, Washington, D. C., for the U. S.

D. Paul Alagia, Barnett & Alagia, Joseph M. Day, Ronald L. Gaffney, Louisville, Ky., Morton Hollander, William A. Carey, John F. Sherlock, III, William S. Glading, Barnett, Alagia & Carey, Washington, D. C., for Dairymen, Inc.

Before JONES, Circuit Judge, CECIL, Senior Circuit Judge and BERTELSMAN, District Judge.

Rehearing and Rehearing En Banc Denied February 10, 1982.

PER CURIAM.

The United States appeals from a judgment dismissing that portion of its action which alleged that Dairymen, Inc. (D.I.) attempted to monopolize the market in Grade A milk in the Southeastern United States. D.I. appeals from that portion of the district court's judgment which held that it violated Section 3 of the Clayton Act by requiring its milk haulers to enter exclusive hauling contracts...

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