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JACKSON v. SWIFT ECKRICH, INC.

Nos. 93-3874, 93-3971.

53 F.3d 1452 (1995)

Bill JACKSON, Husband; Juanita Jackson, Wife, Appellants/Cross-appellees, v. SWIFT ECKRICH, INC., Appellee/Cross-appellant. Con Agra, successor in interest to Swift Eckrich, Inc., of Huntsville, Arkansas; Dick Wolf Individually and as Agent and Employee of Swift Eckrich, Inc. of Huntsville, Arkansas; Russ May, Individually and as Agent and Employee of Swift Eckrich, Inc. of Huntsville, Arkansas; Paul Prudhomme, Individually and as Agent and Employee of Swift Eckrich, Inc. of Huntsville, Arkansas, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1995.

Attorney(s) appearing for the Case

James G. Lingle, Rogers, AK, argued (Clay Fulcher, on the brief), for appellant.

Charles L. Harwell, Springdale, AK, argued (James E. Crouch, on the brief), for appellees.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

McMILLIAN, Circuit Judge.

Bill1 and Juanita Jackson, husband and wife, appeal from a final order entered in the United States District Court2 for the Western District of Arkansas, granting partial judgment as a matter of law to appellee/cross-appellant Swift Eckrich, Inc., on grounds that the doctrine of primary jurisdiction required the Secretary of Agriculture to determine whether an alleged bargaining practice...

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