LEONHARDT v. WESTERN SUGAR CO.

No. 97-8078.

160 F.3d 631 (1998)

Larry LEONHARDT, Dan Laursen, and Rick Rodriquez, Rodriquez Farms, Inc., Plaintiffs-Appellants, v. WESTERN SUGAR COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 13, 1998.


Attorney(s) appearing for the Case

Michael J. Heaphy (John M. Cogswell on the briefs), John M. Cogswell Law Office, Buena Vista, Colorado, for Appellants.

Marc D. Flink, Baker & Hostetler, Denver, Colorado (Todd L. Lundy and L. Andrew Cooper, Baker & Hostetler, Denver, Colorado; W. Perry Dray and Gregory C. Dyekman, Cheyenne, Wyoming, with him on the briefs), for Appellees.

Before PORFILIO, McWILLIAMS, and ANDERSON, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

Plaintiffs, Wyoming sugar beet farmers, appeal the dismissal of their class action against defendant, Western Sugar Company. Plaintiffs' federal cause of action, alleging a violation of the Agricultural Fair Practices Act ("AFPA"), was dismissed for failure to state a claim. Because not all members of the class satisfied the $75,000 jurisdictional amount required under 28 U.S.C. § 1332 for a diversity action, the court declined...

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