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IN RE BEEF INDUSTRY ANTITRUST LITIGATION

No. 89-1483.

907 F.2d 510 (1990)

In re BEEF INDUSTRY ANTITRUST LITIGATION MDL DOCKET NO. 248. MEAT PRICE INVESTIGATORS ASSOCIATION, an Iowa unincorporated association and trust, et al., Plaintiffs-Appellants, v. IOWA BEEF PROCESSORS, INC. (now known as IBP, Inc.), a Delaware Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 1, 1990.

Attorney(s) appearing for the Case

Scott A. Hawkins, Hawkins & Hawkins, Dallas, Tex., Lex Hawkins, Glenn L. Norris, Thomas A. Palmer and Carla T. Schemmel, Des Moines, Iowa, John A. Cochrane, Stewart C. Loper, Cochrane & Bresnahan, St. Paul, Minn., Donald J. Polden, Des Moines, Iowa, for plaintiffs-appellants.

James W. Witherspoon, Witherspoon, Aikin & Langley, Hereford, Tex., for Cameron, et al.

Morris Harrell, Marshall M. Searcy, Jr., Locke, Purnell, Rain & Harrell, Dallas, Tex., for Iowa Beef & Excel Corp.

William G. Schopf, Jr., Patrick J. Heneghan, Jonathan A. Backman, Schopf & Weiss, Chicago, Ill., for IBP, Inc.

John C. Dods, James T. Newsom, Shook, Hardy & Bacon, Kansas City, Mo., for Excel, Inc.

George T. Frampton, Univ. of Ill. Law School, Champaign, Ill., for Nat. Provisioner, Inc.

Before CLARK, Chief Judge, and GARWOOD, and SMITH, Circuit Judges.

CLARK, Chief Judge:

I. Introduction

Meat Price Investigators Association and several individual cattlemen (collectively "the cattlemen") appeal the district court's grant of summary judgment in favor of IBP, Inc. (formerly Iowa Beef Processors, Inc.), and Excel Corporation (collectively "the packers"), and the National Provisioner, Inc. (the "Yellow Sheet"). On appeal, the cattlemen assert that material questions of fact remain unresolved regarding their...

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