EVERGREEN PARTNERING GROUP, INC. v. PACTIV CORP.

No. 15-1839.

832 F.3d 1 (2016)

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

United States Court of Appeals, First Circuit.

August 2, 2016.


Attorney(s) appearing for the Case

Richard Wolfram , with whom Jan R. Schlichtmann , Orestes G. Brown and Metaxas Brown Pidgeon LLP, Beverly, MA, were on brief, for appellant.

John M. Faust , with whom Law Office of John M. Faust, PLLC, William E. Lawler, III , Ralph C. Mayrell and Vinson & Elkins LLP, Washington, DC, were on brief, for appellees Dart Container Corporation and Solo Cup Company.

Steven M. Cowley , with whom Duane Morris, LLP, Boston, MA, was on brief, for appellee Dolco Packaging.

Richard A. Sawin, Jr. , Richard E. Bennett and Michienzie & Sawin LLC, Boston, MA, on brief for appellee Pactiv Corporation.

Ralph T. Lepore, III , Michael T. Maroney , Benjamin M. McGovern , Scott A. Moore and Holland & Knight LLP, Boston, MA, on brief for appellee American Chemistry Council.

Before Howard, Chief Judge, Torruella and Barron, Circuit Judges.


Plaintiff-Appellant Evergreen Partnering Group, Inc. ("Evergreen") appeals a summary judgment from the United States District Court for the District of Massachusetts against its Sherman Act section 1, 15 U.S.C. § 1, claim. Under its business model, Evergreen collected used polystyrene products, processed them into...

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