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FLORIDA SEED CO., INC. v. MONSANTO CO.

No. 96-6080.

105 F.3d 1372 (1997)

FLORIDA SEED COMPANY, INC., a corporation, Frit Industries, Inc., a corporation, Plaintiffs-Counter-Defendants-Appellants, v. MONSANTO COMPANY, a corporation, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 18, 1997.

Attorney(s) appearing for the Case

Phillip A. Nichols, Birmingham, AL, John F. Mandt, Balch & Bingham, Birmingham, AL, for Plaintiffs-Counter-Defendants-Appellants.

Kenneth A. Letzler, Arnold & Porter, Washington, DC, for Defendant-Counter-Claimant-Appellee.

Before TJOFLAT and DUBINA, Circuit Judges, and STAGG, Senior District Judge.

DUBINA, Circuit Judge:

Plaintiffs/Appellants Florida Seed Company, Inc. ("Florida Seed") and Frit Industries ("Frit") appeal the district court's judgment dismissing their Sherman Act claim against Defendant/Appellee Monsanto Company ("Monsanto"). The district court held that Plaintiffs lacked standing to assert their antitrust claims. We affirm.

I. BACKGROUND

This case arises out of Monsanto's 1993 acquisition of the Chevron Corporation's Ortho...

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