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IN RE WHOLESALE GROCERY PRODUCTS ANTITRUST LITIGATION

No. 13-1297.

752 F.3d 728 (2014)

In re WHOLESALE GROCERY PRODUCTS ANTITRUST LITIGATION. D & G, Inc., doing business as Gary's Foods, Plaintiff-Appellant DeLuca's Market Corp., Plaintiff v. SuperValu, Inc.; C & S Wholesale Grocers, Inc., Defendants-Appellees. American Antitrust Institute, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: May 21, 2014.

Attorney(s) appearing for the Case

Richard Bruce Drubel , argued, Hanover, NH, W. Joseph Bruckner , Elizabeth R. Odette , Minneapolis, MN, Dan Kotchen , Daniel L. Low , Washington, DC, Kimberly H. Schultz , Matthew J. Henken , Hanover, NH, on the brief, for appellant.

Charles A. Loughlin , argued, Washington, DC, Todd Alan Wind , Karl Craig Wildfang , Stephen Paul Safranski , Heather M. McElroy , Nicole M. Moen , Damien A. Riehl , Martin R. Lueck , Minneapolis, MN, Christopher J. MacAvoy , David Shotlander , Washington, DC, on the brief, for appellee.

American Antitrust Institute, Daniel E. Gustafson , Minneapolis, MN, Albert A. Foer , Sandeep Vaheesan , Randy Stutz , amicus brief, Washington, DC

Before RILEY, Chief Judge, BRIGHT and KELLY, Circuit Judges.

RILEY, Chief Judge.

This antitrust case pits a small town, family-owned grocery store against the two largest grocery wholesalers in the United States. D & G, Inc., operates the Gary's Foods store in Mount Vernon, Iowa. In 2003, D & G's wholesaler, SuperValu, Inc., agreed to a geographic asset exchange with C & S Wholesale Grocers, Inc., and its subsidiaries. SuperValu took the Midwest, while C & S took New England. According to D & G's expert...

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