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IN RE MIDWEST MILK MONOPOLIZATION LITIGATION

Nos. 82-2162, 82-2163.

730 F.2d 528 (1984)

In re MIDWEST MILK MONOPOLIZATION LITIGATION. STATE OF ILLINOIS, Appellant, v. ASSOCIATED MILK PRODUCERS, INC., Associated Milk Dealers, Inc., Associated Reserve Standby Pool Cooperative, Central Milk Producers Cooperative and Central Milk Sales Agency, Appellees. In re MIDWEST MILK MONOPOLIZATION LITIGATION. SENTRY FOOD STORES, INC., Appellant, v. ASSOCIATED MILK PRODUCERS, INC., Associated Milk Dealers, Inc., Associated Reserve Standby Pool Cooperative, Central Milk Producers Cooperative and Central Milk Sales Agency, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 20, 1984.

Rehearing Denied May 18, 1984.

Attorney(s) appearing for the Case

Joel M. Hellman, Chicago, Ill., for Sentry Food Stores, Inc., appellant; Pressman & Hartunian, Chtd., Chicago, Ill., of counsel.

Tyrone C. Fahner, Atty. Gen., State of Ill., Chicago, Ill., for State of Ill.; Thomas M. Genovese, Chief, Thomas S. Malciauskas, Ardath A. Hamann, Asst. Attys. Gen., Antitrust Div., Chicago, Ill., of counsel.

Sydney Berde, Richard M. Hagstrom, Berde & Hagstrom, P.A., St. Paul, Minn., for appellees Associated Milk Producers, Inc., Cent. Milk Producers Co-op. and Cent. Milk Sales Agency.

Richard K. Decker, Michael P. Comiskey, Chicago, Ill., for Associated Milk Dealers, Inc., appellee; Lord, Bissell & Brook, Chicago, Ill., of counsel.

William A. Carey, John F. Sherlock, III, Barnett & Alagia, Washington, D.C., for Associated Reserve Standby Pool Co-op., Inc.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and BROWN, Senior Circuit Judge.

LAY, Chief Judge.

This is an appeal from a grant of summary judgment in favor of Associated Milk Producers, Inc. (AMPI); Associated Reserve Standby Pool Cooperative (ARSPC); Associated Milk Dealers, Inc. (AMDI); Central Milk Producers Cooperative (CMPC); and Central Milk Sales Agency (CMSA) (hereinafter cooperatives).1 Jurisdiction is invoked pursuant to 28 U.S.C. § 1291.

Background

On March 15, 1972, the...

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