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OBERWEIS DAIRY, INC. v. ASSOCIATED MILK PRODUCERS, INC.

No. 72 C 1404.

553 F.Supp. 962 (1982)

OBERWEIS DAIRY, INC., Plaintiff, v. ASSOCIATED MILK PRODUCERS, INC., et al., Defendants.

United States District Court, N.D. Illinois, E.D.

December 30, 1982.

Attorney(s) appearing for the Case

Victor M. Harding, Whyte & Hirschboeck, Milwaukee, Wis., Worth Rowley, Rowley & Watts, Washington, D.C., for plaintiff.

Donald M. Barnes, Arent, Fox, Kinter, Plotkin & Kahn, Washington, D.C., Kael B. Kennedy, Katten, Muchin, Gitles, Zavis, Pearl & Galler, Chicago, Ill., for defendant AMPI.

Sydney Berde, and Richard M. Hagstrom, Berde & Hagstrom, St. Paul, Minn., for defendant CMPC.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Oberweis Dairy, Inc. ("Oberweis") has sued Associated Milk Producers, Inc. ("AMPI") and Central Milk Producers Cooperative ("CMPC")1 alleging violations of the Sherman Act, 15 U.S.C. §§ 1 and 2. Oberweis has moved for summary judgment on the issue of liability, contending AMPI and CMPC are collaterally estopped from litigating that issue as a result of the holding...

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