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NEWTON v. TYSON FOODS, INC.

No. 99-2138.

207 F.3d 444 (2000)

Wayne NEWTON; Wilbur Kehrli; J. David Nichols; Carol L. Hans, Plaintiffs-Appellants, Irvin Fox, Plaintiff, James Gregory, Plaintiff-Appellant, Jan Houck, Plaintiff, Mark Armentrout; Darrell Sweet, on behalf of themselves and all others similarly situated; David E. Wood, Plaintiffs-Appellants, v. TYSON FOODS, INC.; Don Tyson; John H. Tyson; Cheryl Tyson; Jack L. Williams; Archibald R. Schaffer, III, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed March 13, 2000.

Attorney(s) appearing for the Case

Daniel F. Rinzel, Washington, DC (Wythe Willey, Cedar Rapids, IA, on the brief), for Plaintiffs-Appellants.

Mark D. Hopson, Washington, DC (Thomas C. Green, Griffith L. Green, Paul J. Zidlicky, Luisa Caro, DC, on the brief), for Defendants-Appellees.

BEFORE: BOWMAN and LOKEN, Circuit Judges, and ALSOP, District Judge.

BOWMAN, Circuit J.

A group of cattle producers sued Tyson Foods, Inc. and several affiliated individuals (collectively Tyson) alleging that Tyson was able to exempt the poultry industry from strict regulations by providing illegal payments to United States Department of Agriculture (USDA) officials. The cattle producers allege that, by freeing poultry producers from the costs of complying with the strict regulations, Tyson lowered the cost of producing poultry, which...

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