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BRASWELL v. CONAGRA, INC.

No. 90-7643.

936 F.2d 1169 (1991)

A.R. BRASWELL; Harry T. Driggers; Terry D. Howell; Julia Stricklin; Audrey A. Jones, as representative parties on behalf of all members of a class consisting of: all persons or entities joined by the defendant under the Order of April 4, 1985 and all other persons selling to, growing for, or making deliveries of chickens to C. Poultry Company Ltd. and/or ConAgra, Inc., in Coffee County, Alabama, from January 1, 1978 until April 4, 1985, other than the original named plaintiffs, Hulon Barnes; Lamar Jackson, Frank Wilks, Mark Jones, Forrest Powell, and Frances Riley, Plaintiffs-Appellees, v. CONAGRA, INC. and/or C-Poultry Company, Ltd., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 25, 1991.

Attorney(s) appearing for the Case

Kenneth T. Fuller, Joe C. Cassady, Sr., Cassady, Fuller & Marsh, Enterprise, Ala., Leo A. Knowles, McGrath, North, Mullin & Kratz, Omaha, Neb., for defendant-appellant.

Joe S. Pittman, Stafford Pittman, Pittman, Whittaker & Pittman, Enterprise, Ala., Vreeland G. Johnson, Andalusia, Ala., for plaintiffs-appellees.

Before JOHNSON and COX, Circuit Judges, and MORGAN, Senior Circuit Judge.

JOHNSON, Circuit Judge:

Defendant ConAgra appeals a jury verdict finding it liable for fraud and breach of contract and awarding compensatory damages of $4,550,000 and punitive damages of $9,100,000.

I. STATEMENT OF THE CASE

A. Background Facts

The plaintiffs represent a class of 268 "growers" who raised broiler chickens for ConAgra. From June 1, 1977, to April 4, 1985, each plaintiff entered...

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