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IN RE SOUTHEASTERN MILK ANTITRUST LITIGATION

No. 12-5457.

739 F.3d 262 (2014)

In re SOUTHEASTERN MILK ANTITRUST LITIGATION. Food Lion, LLC and Fidel Breto, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. Dean Foods Company, National Dairy Holdings, L.P., Dairy Farmers of America, Inc., Dairy Marketing Services, LLC, and Southern Marketing Agency, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 3, 2014.

Attorney(s) appearing for the Case

ARGUED: Neil K. Gilman , Hunton & Williams LLP, Washington, D.C., for Appellants.

Paul H. Friedman , Dechert LLP, Washington, D.C., for Appellees.

ON BRIEF: Neil K. Gilman , Richard L. Wyatt, Jr. , Todd M. Stenerson , Hunton & Williams LLP, Washington, D.C., Gordon Ball , Ball & Scott, Knoxville, Tennessee, R. Laurence Macon , Akin Gump Strauss Hauer & Feld LLP, San Antonio, Texas, for Appellants.

Paul H. Friedman , DECHERT LLP, Washington, D.C., Carolyn Hazard Feeney , Dechert LLP, Philadelphia, Pennsylvania, Steven R. Kuney , Williams & Connolly LLP, Washington, D.C., W. Todd Miller , Baker & Miller PLLC, Washington, D.C., Jerry L. Beane , Kay Lynn Brumbaugh , Andrews Kurth LLP, Dallas, Texas, for Appellees.

Before: ROGERS and COOK, Circuit Judges; VAN TATENHOVE, District Judge.

OPINION

GREGORY F. VAN TATENHOVE, District Judge.

Dean Foods Company and Suiza Foods Corporation were the two largest processed milk bottlers in the country in 2001. At that time, they announced plans to merge their operations, which the Department of Justice approved subject to divestment of particular milk processing plants. The merged company, now known as Dean Foods, is accused of violating 15 U.S.C. § 1 of the Sherman Antitrust Act by conspiring...

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