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SUPERMARKET OF MARLINTON v. MEADOW GOLD DAIRIES

No. 94-2602.

71 F.3d 119 (1995)

SUPERMARKET OF MARLINTON, INCORPORATED, Plaintiff-Appellant, v. MEADOW GOLD DAIRIES, INCORPORATED; Borden, Incorporated; Valley Rich Dairy; Flav-O-Rich, Incorporated; The Valley of Virginia Cooperative Milk Producers Association, Defendants-Appellees. State of Maryland; State of Alaska; State of Arizona; State of Arkansas; State of Connecticut; State of Delaware; State of Florida; State of Hawaii; State of Idaho; State of Indiana; State of Kansas; State of Kentucky; State of Louisiana; State of Massachusetts; State of Michigan; State of Mississippi; State of Missouri; State of Nevada; State of New Hampshire; State of New Jersey; State of New Mexico; State of North Carolina; State of Ohio; State of Oklahoma; State of Pennsylvania; State of Rhode Island; State of South Dakota; State of Virginia; State of West Virginia; the District of Columbia, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 1, 1995.

Attorney(s) appearing for the Case

ARGUED: Charles Leonard Egan, Fort & Schlefer, L.L.P., Washington, DC, for Appellant. Michael Francis Urbanski, Woods, Rogers & Hazlegrove, Roanoke, Virginia; Michael A. Doyle, Alston & Bird, Atlanta, Georgia, for Appellees. ON BRIEF: William C. Buckhold, Fort & Schlefer, L.L.P., Washington, DC, for Appellant. Francis H. Casola, Woods, Rogers & Hazlegrove, Roanoke, Virginia, for Appellees Valley Rich Dairy and Milk Producers Assoc.; Teresa D. Thebaut, Julia O'Meara Lynch, Alston & Bird, Atlanta, Georgia, for Appellees Meadow Gold and Borden; John McLaughlin, Goldberg & Simpson, P.S.C., Louisville, Kentucky, for Appellee Flav-O-Rich. J. Joseph Curran, Jr., Attorney General of Maryland, Ellen S. Cooper, Assistant Attorney General/Chief, Antitrust Division, Katharine M. Ebersberger, Assistant Attorney General, Baltimore, Maryland, for Amici Curiae.

Before MICHAEL and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL and Senior Judge CHAPMAN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this antitrust action a group of retail food stores alleged that certain large dairies conspired to fix milk prices. The district court granted summary judgment to the defendant dairies, finding this action to be barred by the applicable statute of limitations. In doing so...

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