LIMECO, INC. v. DIVISION OF LIME OF MISSISSIPPI DEPT. OF AGRICULTURE & COMMERCE

No. 85-4107.

778 F.2d 1086 (1985)

LIMECO, INC. On Its Own Behalf and On Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. The DIVISION OF LIME OF the MISSISSIPPI DEPARTMENT OF AGRICULTURE & COMMERCE and Jim Buck Ross, Commissioner of Agriculture & Commerce of the State of Mississippi, and His Successors In Office, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 18, 1985.


Attorney(s) appearing for the Case

Satterfield & Allred, Michael Farrell and James D. Holland, Jackson, Miss., for plaintiff-appellant.

Robert E. Sanders, Jackson, Miss., Hopkins, Logan & Vaughn, Alben N. Hopkins and Lisa P. Dodson, Gulfport, Miss., for defendants-appellees.

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.


OPINION

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The State of Mississippi entered the lime business in 1942. A privately owned competitor sued The Division of Lime of the Mississippi Department of Agriculture & Commerce, claiming that it was guilty of monopoly and attempted monopolization contrary to Section 2 of the Sherman Act. After eight days of trial, the district court granted a directed verdict in favor of the defendants, concluding that the Division...

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