Legal Opinion

Pony Creek Cattle Co. v. Great Atlantic & Pacific Tea Co.

Court of Appeals for the Fifth Circuit

Decided August 17, 1979No. Nos. 78-1817—78-1829PublishedCited by 1 opinion

1Opinion of the Court

WISDOM, Circuit Judge:

These consolidated appeals involve the applicability of Illinois Brick Co. v. Illinois, 1977, 481 U.S. 720, 97 S.Ct. 2061, 52 L.Ed.2d 707, to sales by primary producers to middlemen at prices allegedly depressed by price-fixing at the retail level of distribution. The appeals also present other difficult questions concerning federal antitrust laws.

These appeals arise from thirteen private antitrust actions alleging that the concerted activities of the defendants violate the provisions of §§ 1 and 2 of the Sherman Anti*1153trust Act, 15 U.S.C. §§ 1 and 2. The complaints ask…

2Cases cited43 opinions

Foman v. DavisSupreme Court of the United States · 1962
Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977

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3Cited by1 opinion

In Re Beef Industry Antitrust Litigation, Mdl Docket No. 248. Pony Creek Cattle Co., Inc., Musselman Ranch Co., Etc., Plaintiffs-Intervenors-Appellants v. The Great Atlantic & Pacific Tea Co., R. Dirk Agee v. Safeway Stores, Inc., Meat Price Investigators Association, Etc. v. Safeway Stores, Inc., Richard S. Lowe v. Safeway Stores, Inc., A. L. Black v. Albertson's, Inc., (Two Cases). Chaparral Cattle Corp. v. Safeway Stores, Inc., Burke Petersen v. Safeway Stores, Inc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., John O. Varian v. Safeway Stores, Inc., Meat Price Investigators Association v. Safeway Stores, Inc., Etc., Little Ranch Co., Inc. v. The National Association of Food Chains, Etc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., Etc.Court of Appeals for the Fifth Circuit · 1979