SHARP FARMS v. SPEAKS

No. 18-1316, No. 18-1325.

917 F.3d 276 (2019)

SHARP FARMS; Robert W. May; Tucker Farms Inc.; Worthington Farms, Inc., Objectors-Appellants, v. Teresa M. SPEAKS; Toby Speaks; Stan Smith; Eddie Brown; Robert Poindexter; Mike Mitchell; Roy L. Cook; Alex Shugart; H. Randle Wood; Robin Rogers; Daniel Lee Nelson, Plaintiffs-Appellees, and U. S. Tobacco Cooperative Inc., f/k/a Flue-Cured Tobacco Cooperative Stabilization Corporation, Defendant-Appellee. Dan Lewis, Potential Intervenor-Appellant, v. Teresa M. Speaks; Toby Speaks; Stan Smith; Eddie Brown; Robert Poindexter; Mike Mitchell; Roy L. Cook; Alex Shugart; H. Randle Wood; Robin Rogers; Daniel Lee Nelson, Plaintiffs-Appellees, and U. S. Tobacco Cooperative Inc., f/k/a Flue-Cured Tobacco Cooperative Stabilization Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 28, 2019.


Attorney(s) appearing for the Case

ARGUED: Charles Alan Runyan , RUNYAN & PLATTE, Beaufort, South Carolina, for Appellants. Gary K. Shipman , SHIPMAN & WRIGHT, LLP, Wilmington, North Carolina, for Appellees. Teresa Speaks, et al. Derek L. Shaffer , QUINN EMANUEL URQUHART & SULLIVAN, LLP, Washington, D.C., for Appellee United States Tobacco Cooperative Inc. ON BRIEF: Andrew S. Platte , RUNYAN & PLATTE, Beaufort, South Carolina, for Appellants Sharp Farms, Robert W. May, Tucker Farms, Inc., and Worthington Farms, Inc. John L. Coble , MARSHALL, WILLIAMS & GORHAM, LLP, Wilmington, North Carolina, for Appellant Dan Lewis. William G. Wright , SHIPMAN & WRIGHT, LLP, Wilmington, North Carolina; Namon Leo Daughtry , DAUGHTRY, WOODARD, LAWRENCE & STARLING, Smithfield, North Carolina, for Appellees Teresa Speaks, et al. Lee M. Whitman , Tobias S. Hampson , WYRICK ROBBINS, Raleigh, North Carolina; Jonathan Cooper , QUINN EMANUEL URQUHART & SULLIVAN, LLP, Washington, D.C., for Appellee United States Tobacco Cooperative Inc.

Affirmed in part, reversed and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Thacker and Judge Quattlebaum joined. Judge Quattlebaum wrote a concurring opinion.


This appeal of a class-action settlement concerns a longstanding dispute between U.S. Tobacco Cooperative, Inc., an agricultural cooperative of flue-cured tobacco growers in North Carolina, and a class of plaintiffs consisting of current and former Cooperative members. From its inception in 1946, the Cooperative administered...

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