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OAK GROVE FARM LTD. PARTNERSHIP v. CONAGRA, INC.

No. 4:00CV3089.

105 F.Supp.2d 1064 (2000)

OAK GROVE FARM LIMITED PARTNERSHIP, Plaintiff, v. CONAGRA, INC., Defendant.

United States District Court, D. Nebraska.

July 25, 2000.

Attorney(s) appearing for the Case

H. Daniel Smith, Christopher D. Curzon, Dwyer, Smith Law Firm, Omaha, NE, for plaintiff.

Douglas E. Quinn, James G. Powers, William F. Hargens, McGrath, North Law Firm, Omaha, NE, for defendant.

MEMORANDUM AND ORDER

KOPF, District Judge.

The motion to dismiss filed by ConAgra, Inc. (ConAgra) raises a question of first impression. Does Neb.Rev.Stat.Ann. § 59-805 (Lexis 1995) apply only to contracts between competitors or does the statute also apply to contracts between a producer and a supplier?

I will deny the motion to dismiss. A plain and ordinary reading of all the words of the statute prohibits both types of anti-competitive conduct...

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