EVERGREEN PARTNERING GROUP, INC. v. PACTIV CORP.

No. 12-1730.

720 F.3d 33 (2013)

EVERGREEN PARTNERING GROUP, INC., Plaintiff, Appellant, Michael Forrest, Plaintiff, v. PACTIV CORPORATION; Genpak, LLC, a/k/a Genpack, LLC; Solo Cup Company, a corporation; Dolco Packaging, a Tekni-Plex Company, a corporation; Dart Container Corporation; American Chemistry Council, Incorporated, an association, Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 19, 2013.


Attorney(s) appearing for the Case

Maxwell M. Blecher , with whom Donald R. Pepperman , Jordan L. Ludwig , Blecher & Collins, P.C., Christopher A. Kenney , Eric B. Goldberg , and Kenney & Sams, P.C., was on brief for appellant.

Steven M. Cowley , with whom Richard J. McCarthy , Kristy S. Morgan , and Edwards Wildman Palmer LLP, was on consolidated brief for appellee Dolco Packaging.

Richard A. Sawin, Jr. , with whom Richard E. Bennett , and Michienzie & Sawin LLC, was on consolidated brief for appellee Pactiv Corporation.

David A. Martland , with whom Kathleen Ceglarski Burns and Nixon Peabody LLP, was on consolidated brief for appellee Genpak, LLC.

Scott M. Mendel , with whom Jennifer J. Nagle , and K & L Gates LLP, was on consolidated brief for Solo Cup Company.

Sean M. Becker , with whom Yousri H. Omar , Vinson & Elkins LLP, John M. Faust , and Law Office of John M. Faust, PLLC, was on consolidated brief for appellee Dart Container Corporation.

Ralph T. Lepore, III , with whom Michael T. Maroney , Benjamin M. McGovern , and Holland & Knight LLP, was on consolidated brief for appellee American Chemistry Council, Incorporated.

Before TORRUELLA, STAHL and THOMPSON, Circuit Judges.


TORRUELLA, Circuit Judge.

Plaintiff Evergreen Partnering Group, Inc. ("Evergreen") appeals from a judgment of the United States District Court for the District of Massachusetts dismissing its Second Amended Complaint ("complaint"). The complaint alleges that defendants-appellees, polystyrene food service packaging manufacturers and two trade associations, refused in concert to deal with Evergreen in a recycling business method for polystyrene food service products...

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