WHEELER v. PILGRIM'S PRIDE CORP.

No. 07-40651.

591 F.3d 355 (2009)

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

United States Court of Appeals, Fifth Circuit.

December 15, 2009.


Attorney(s) appearing for the Case

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

Mark D. Taylor, Clayton E. Bailey (argued), Alexander Max Douglas Brauer, Jay Forrest Utley, Baker & McKenzie, L.L.P., Dallas, TX, Jennifer Parker Ainsworth, Wilson, Sheehy, Knowles, Robertson & Cornelius, Tyler, TX, for Pilgrim's Pride Corp.

Jonathan Heuer Levy (argued), Michael S. Raab, U.S. Dept. of Justice, App. Staff, Civ. Div., Washington, DC, for U.S.

Lance Lange, Belin Law Firm, Des Moines, IA, for Nat. Pork Producers Council, Amicus Curiae.

Gary J. Kushner, Lorane Frances Hebert (argued), Hogan & Hartson, L.L.P., Washington, DC, for Am. Meat Institute, Amicus Curiae.

Andrew E. Tauber, Michael E. Lackey, Jr., Mayer Brown, L.L.P., Washington, DC, for Cargill Meat Solutions Corp., Amicus Curiae.

Jay Thomas Jorgensen, Sidley Austin, L.L.P., Christopher James MacAvoy, Howrey LLP, Washington, DC, for Tyson Foods, Inc., Amicus Curiae.

Jerrold Joseph Ganzfried, Howrey LLP, Washington, DC, for Foster Poultry Farms, Amicus Curiae.

David A. Balto, Law Office of David A. Balto, Washington, DC, for 54 Farming, Ranching, and Consumer Organizations, Amicus Curiae.

Before JONES, Chief Judge, and REAVLEY, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.


REAVLEY, Circuit Judge:

Once more a federal court is called to say that the purpose of the Packers and Stockyards Act of 1921 is to protect competition and, therefore, only those practices that will likely affect competition adversely violate the Act. That is this holding.

This appeal is concerned only with § 202 of the Packers and Stockyards Act ("PSA") enacted in 19211 to cope with market control of the meat packing industry...

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