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GOLDBERG v. CPC INTERN., INC.

No. 81-4172.

678 F.2d 1365 (1982)

Lisa P. GOLDBERG, a resident of the City and County of San Francisco, State of California; The Essential Ingredient, a California partnership; Black Kettle, Ltd., a California limited partnership, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. CPC INTERNATIONAL, INC., a corporation; A. E. Staley Manufacturing Company, a corporation; Standard Brands, Inc., a corporation; American Maize-Products Company, a corporation; The Hubinger Company, a corporation; National Starch and Chemical Corporation, a corporation; Penick & Ford Inc., a corporation; Anheuser-Busch, Inc., a corporation; and DOES I through 100, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 1982.

Rehearing and Rehearing Denied July 28, 1982.

Attorney(s) appearing for the Case

Ronald Lovitt, Lovitt & Hannan, Inc., San Francisco, Cal., argued for plaintiffs-appellants; Mark F. Anderson, San Francisco, Cal., on brief.

Richard W. Odgers, San Francisco, Cal., for defendants-appellees.

Before SNEED and TANG, Circuit Judges, and NIELSEN, District Judge.

Rehearing and Rehearing En Banc Denied July 28, 1982.

TANG, Circuit Judge:

In March, 1980, Goldberg, representing a class of indirect purchasers, filed a class action in the California state court, alleging violations of the Cartwright Act, Cal.Bus. & Prof.Code § 16700 et seq., and restraint of trade under California common law. She named as defendants eight corporate manufacturers of corn derivatives, all incorporated in states other than...

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