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ADKINS v. CAGLE FOODS JV, LLC

No. 04-11447.

411 F.3d 1320 (2005)

Lucius ADKINS, Jill Adkins, Plaintiffs-Counter-Defendants-Appellants, v. CAGLE FOODS JV, LLC, d.b.a. Cagle-Keystone Foods, Defendant-Counter-Claimant-Appellee, Cagle's, Inc., Cagle's Farms, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Corrected June 30, 2005.

Attorney(s) appearing for the Case

James G. Lingle, H. Clay Fulcher, Lingle & Fulcher, PLLC, Rogers, AR, Cynthia Noles Johnson, Johnson Law, P.C., Cohutta, GA, for the Adkins.

Howard A. Rosenthal, Gary D. Fry, Malcolm S. Gould, Philadelphia, PA, J. Anderson Davis, C. King Askew, Mark M.J. Webb, Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP, Rome, GA, Dawn G. Benson, Watson, Spence, Lowe & Chambless, Albany, GA, for Defendants.

Before EDMONDSON, Chief Judge, and TJOFLAT and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

This case involves an interpretation of the Packers & Stockyards Act, 7 U.S.C. § 192(a) and (b), which prohibits live poultry dealers from "engag[ing] in or us[ing] any unfair, unjustly discriminatory, or deceptive practice or device," or "mak[ing] or giv[ing] any undue or unreasonable preference or advantage to any particular person or locality in any respect, or subject[ing] any particular person or locality to any undue or unreasonable...

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