Legal Opinion

In Re Mushroom Direct Purchaser Antitrust Litigation

Court of Appeals for the Third Circuit

Decided August 23, 2011No. 09-2257, 09-2258PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

The Capper-Volstead Act of 1922 allows certain agricultural producers to form cooperatives without incurring antitrust liability. This appeal presents the novel question of whether a prejudgment order denying an agricultural cooperative the protections of the Capper-Volstead Act is immediately appealable under the collateral order doctrine. We hold it is not.

I

In late 2000, a group of mushroom farmers and related entities, most of whom are located in southeastern Pennsylvania, formed the Eastern Mushroom Marketing Cooperative (EMMC). The members of…

2Cases cited24 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  5. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961

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3Cited by7 opinions

  1. In Re Processed Egg Products Antitrust LitigationDistrict Court, E.D. Pennsylvania · 2011
  2. In re Mushroom Direct Purchaser Antitrust LitigationDistrict Court, E.D. Pennsylvania · 2016
  3. Winn Dixie Stores v. Eastern Mushroom Marketing Cooperative IncCourt of Appeals for the Third Circuit · 2023
  4. In re Processed Egg Products Antitrust LitigationDistrict Court, E.D. Pennsylvania · 2011
  5. In re Mushroom Direct Purchaser Antitrust LitigationDistrict Court, E.D. Pennsylvania · 2014

2 more not listed; retrieve them via the Exa API.

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