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U.S. v. ARCHER-DANIELS-MIDLAND CO.

No. 87-2343.

866 F.2d 242 (1988)

UNITED STATES of America, Appellant, v. ARCHER-DANIELS-MIDLAND COMPANY and Nabisco Brands, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 15, 1988.

Rehearing and Rehearing Denied March 8, 1989.

Attorney(s) appearing for the Case

David Seidman, Washington, D.C., for appellant.

J. Randolph Wilson, Washington, D.C., for appellees.

Before HEANEY and McMILLIAN Circuit Judges, and ROSS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 8, 1989.

HEANEY, Circuit Judge.

On June 12, 1982, Nabisco Brands, Inc. (Nabisco) leased to Archer-Daniels-Midland Co. (ADM) two corn wet milling plants. On December 14, 1982, the United States commenced an antitrust action in the United States District Court for the Southern District of Iowa, alleging that the lease creates an unreasonable restraint of trade in violation of section 1 of the Sherman Act and may substantially...

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