IN RE HIGH FRUCTOSE CORN SYRUP ANTITRUST LIT.

Nos. 99-2032, 99-2147, 99-2148, 99-2220, 99-2313, 99-2352, 99-2420, 99-3040, 99-3041, 99-3042.

216 F.3d 621 (2000)

In re HIGH FRUCTOSE CORN SYRUP ANTITRUST LITIGATION Dellwood Farms, Inc., et al., Plaintiffs-Appellants/Cross-Appellees, v. Archer Daniels Midland Company, Defendant-Appellee/Cross-Appellant. James R. Randall, Intervenor-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 19, 2000


Attorney(s) appearing for the Case

Gregory K. Arenson (argued), Kaplan, Kilsheimer & Fox, New York, NY, Michael F. Freed, Much, Shelist, Freed, Denenberg, Ament & Rubenstein, Chicago, IL, for Dellwood Farms, Inc.

Michael J. Freed, Much, Shelist, Freed, Denenberg, Ament & Rubenstein, Chicago, IL, for Sun Dew Sales, Corp., Vita Food Products, Vineland Syrup, Inc., Rite Foods, Inc.

Mark W. Ryan, Mayer, Brown & Platt, Washington, DC, for Cargill, Inc.

John P. Carreon, Winston & Strawn, Chicago, IL, for AE Staley Manufacturing Co. and CPC International, Inc.

Steven R. Kuney (argued), Paul Mogin, Williams & Connolly, Washington, DC, for Archer Daniels Midland Co. and Tate & Lyle.

Jeffrey N. Cole, Cole & Staes, Chicago, IL, for James R. Randall.

Brian J. Posewitz, Tonkon Torp, Portland OR, for Gray & Company.

Donald R. Harris, Jenner & Block, Chicago, IL, for Cerestar USA Inc.

Before POSNER, Chief Judge, and RIPPLE, and ROVNER, Circuit Judges.


POSNER, Chief Judge.

These appeals grow out of a class action antitrust suit that is pending in a federal district court in Illinois. The suit is by purchasers from Archer Daniels Midland and other manufacturers and charges price fixing. In an earlier criminal investigation of the alleged price-fixing conspiracy, an investigation that led to criminal proceedings unnecessary to discuss here, an ADM vice president named Whitacre made a number of secret recordings both...

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