MATTER OF WHEAT RAIL FREIGHT R. ANTITRUST LIT.

Nos. 84-1383, 84-1449 and 84-1505.

759 F.2d 1305 (1985)

In the Matter of WHEAT RAIL FREIGHT RATE ANTITRUST LITIGATION. Appeals of LITTLE CROW MILLING CO., INC., Midstate Mills Inc., DCA Food Industries Inc., General Mills, Inc., and The Pillsbury Company.

United States Court of Appeals, Seventh Circuit.

Decided April 17, 1985.

As Amended May 20, 1985.


Attorney(s) appearing for the Case

Ralph Sauarese, Howrey & Simon, Washington, D.C., for plaintiffs.

Steve McGisech, U.S. Dept. of Justice, Washington, D.C., for amicus curiae.

Laurence Z. Shiekman, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for amicus curiae.

Before BAUER and COFFEY, Circuit Judges, and DOYLE, Senior District Judge.


BAUER, Circuit Judge.

In this multidistrict antitrust litigation, certain plaintiff shippers of wheat and wheat products appeal from the district court's order holding the defendant railroads impliedly immune from antitrust liability under the Sherman Act § 1, 15 U.S.C. § 1 (1976), for allegedly conspiring to fix the price of wheat rail freight rates filed with and approved by the Interstate Commerce Commission...

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