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U.S. v. DAIRY FARMERS OF AMERICA, INC.

No. 04-6318.

426 F.3d 850 (2005)

UNITED STATES of America; Commonwealth of Kentucky, Plaintiffs-Appellants, v. DAIRY FARMERS OF AMERICA, INC.; Southern Belle Dairy Co., LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2005.

Attorney(s) appearing for the Case

ARGUED: Robert B. Nicholson, United States Department of Justice, Washington, D.C., for Appellants. W. Todd Miller, Baker & Miller, Washington, D.C., Charles E. Shivel, Jr., Stoll, Keenon & Park, Lexington, Kentucky, for Appellees. ON BRIEF: Robert B. Nicholson, James J. Fredricks, United States Department of Justice, Washington, D.C., David Vandeventer, Office of the Attorney General, Frankfort, Kentucky, for Appellants. W. Todd Miller, Donald I. Baker, Kyle G. Manikas, Baker & Miller, Washington, D.C., Charles E. Shivel, Jr., Lizbeth A. Tully, Anthony J. Phelps, Stoll, Keenon & Park, Lexington, Kentucky, Bobby R. Burchfield, McDermott, Will & Emery, Washington, D.C., David A. Owen, Brian M. Johnson, Theodore R. Martin, Greenebaum, Doll & McDonald, Lexington, Kentucky, for Appellees.

Before: CLAY, GILMAN, and COOK, Circuit Judges.

OPINION

CLAY, Circuit Judge.

The government of the United States and the Commonwealth of Kentucky (collectively, "the government") appeal the district court's grant of summary judgment to Defendant Dairy Farmers of America, Inc. ("DFA") on the government's claim that DFA violated Section 7 of the Clayton Act, 15 U.S.C. § 18. The government alleges that DFA's partial acquisition of Defendant Southern Belle Dairy Co., LLC ("Southern Belle") in 2002 had...

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