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WHEELER v. PILGRIM'S PRIDE CORP.

No. 07-40651.

536 F.3d 455 (2008)

Cody WHEELER; Don Davis; Davey Williams, Plaintiffs-Appellees, v. PILGRIM'S PRIDE CORP., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 21, 2008.

Attorney(s) appearing for the Case

Kelly Brant Tidwell, Patton & Tidwell, Texarkana, TX, Bradley Carroll Weber, Thomas F. Loose (argued), Christopher Michael Bass, Locke Lord Bissell & Liddell LLP, Dallas, TX, for Plaintiffs-Appellees.

Mark D. Taylor, Clayton E. Bailey (argued), Alexander Max Douglas Brauer, Baker & McKenzie, Dallas, TX, Jennifer Parker Ainsworth, Wilson, Sheehy, Knowles, Robertson & Cornelius, Tyler, TX, for Defendant-Appellant.

Michael S. Raab, Jonathan Heuer Levy (argued), U.S. Dept. of Justice, Civil Div., Washington, DC, for U.S., Amicus Curiae.

Before REAVLEY, JOLLY and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This appeal presents a single narrow question: whether a plaintiff must prove an adverse effect on competition to prevail in a suit alleging a violation of Packers and Stockyards Act Sections 202(a)-(b), 7 U.S.C. §§ 192(a)-(b), ("PSA"). The District Court answered this question in the negative despite the fact that the great weight of authority in our sister Circuits is to the contrary. Based on a plain-text reading of the...

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