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MONFORT OF COLORADO, INC. v. CARGILL, INC.

No. 83-2588, 84-1305.

761 F.2d 570 (1985)

MONFORT OF COLORADO, INC., Plaintiff-Appellee, v. CARGILL, INC. and Excel Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 23, 1985.

Attorney(s) appearing for the Case

Robert F. Hanley (Ronald G. Carr, Alan K. Palmer, and W. Stephen Smith with him on the briefs), of Morrison & Foerster, Denver, Colo., for defendants-appellants.

William C. McClearn (James E. Hartley and Marcy G. Glenn with him on the briefs) of Holland & Hart, Denver, Colo., for plaintiff-appellee.

Before LOGAN, BREITENSTEIN, and McWILLIAMS, Circuit Judges.

LOGAN, Circuit Judge.

Monfort of Colorado, Inc. has brought this private antitrust action seeking to enjoin its competitor, Excel Corporation, a wholly owned subsidiary of Cargill, Inc. (hereinafter defendants or Excel), from acquiring another competitor, Spencer Beef Division of Land O'Lakes, Inc. Defendants appeal the district court's grant of a permanent injunction prohibiting Excel from acquiring Spencer Beef. See Monfort of Colorado, Inc. v. Cargill, Inc....

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