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ALEXANDER v. NATIONAL FARMERS ORGANIZATION

Nos. 81-1235 to 81-1237.

687 F.2d 1173 (1982)

Robert B. ALEXANDER, et al., v. NATIONAL FARMERS ORGANIZATION, Appellant, v. ASSOCIATED MILK PRODUCERS, INC., Mid-America Dairymen, Associated Reserve Standby Pool Cooperative, Appellees. Wesley Johnson, Gary Hanman, Harold S. Nelson and David Parr, Central Milk Producers Cooperative, Appellee. Robert B. ALEXANDER, et al., v. NATIONAL FARMERS ORGANIZATION, Appellee, v. ASSOCIATED MILK PRODUCERS, INC., Appellant. Mid-America Dairymen; Associated Reserve Standby Pool Cooperative; Wesley Johnson; Gary Hanman; Harold S. Nelson; David Parr; Central Milk Producers Cooperative. Robert B. ALEXANDER, et al., v. NATIONAL FARMERS ORGANIZATION, Appellee, v. ASSOCIATED MILK PRODUCERS, INC., Mid-America Dairymen, Inc., Appellant. Associated Reserve Standby Pool Cooperative; Wesley Johnson; Gary Hanman; Harold S. Nelson; David Parr; Central Milk Producers Cooperative.

United States Court of Appeals, Eighth Circuit.

Decided August 31, 1982.

Rehearing and Rehearing Denied November 10, 1982.

Attorney(s) appearing for the Case

David A. Donohoe, Paul B. Hewitt, Robert G. Berger, Akin, Gump, Strauss, Hauer & Feld, Washington, D. C., for appellant Nat. Farmers Organization; Richard A. Green, Marvin Beshore, Washington, D. C., of counsel.

Donald M. Barnes, Michael M. Eaton, Dennis C. Cuneo, Washington, D. C., Colvin A. Peterson, Jr., Kansas City, Mo., for appellee Associated Milk Producers; Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., Watson, Ess, Marshall & Enggas, Kansas City, Mo., of counsel.

Harry P. Thomson, Jr., George E. Leonard, Russell S. Jones, Jr., Shughart, Thomson & Kilroy, P.C., and John C. Gage, Gage & Tucker, Kansas City, Mo., for Mid-America Dairymen, Inc.

Sydney Berde, Richard M. Hagstrom, Sydney Berde, P.A., St. Paul, Minn., for appellee Central Milk Producers Co-op.

William A. Carey, St. John Barrett, Mary Cheryl Matheis, Barnett, Alagia & Carey, Washington, D. C., for appellee Associated Reserve Standby Pool Co-op., Inc.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON, Chief Judge.

Rehearing and Rehearing En Banc Denied November 10, 1982.

HEANEY, Circuit Judge.

This case involves reciprocal antitrust actions arising out of the often fierce competition in the Midwest milk industry during the late 1960s and early 1970s. The actions were tried in three phases, generating an extensive record more than 15,000 pages in length. See In Re Midwest Milk Monopolization Litigation, 510 F.Supp. 381 (W...

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