Legal Opinion
Been v. O.K. Industries, Inc.
Court of Appeals for the Tenth Circuit
Decided July 31, 2007No. 05-7079PublishedCited by 200 opinions
1Opinion of the Court
TACHA, Chief Circuit Judge.
This appeal presents a matter of first impression for this Circuit, namely whether § 202(a) of the Packers and Stockyards Act (“PSA”), 7 U.S.C. § 181 et seq., requires a plaintiff to prove that an allegedly “unfair practice” injures or is likely to injure competition. The District Court held that such proof is required and, finding that the Plaintiffs had failed to present any evidence of a competitive injury, granted summary judgment in favor of the Defendants. The court also granted the Defendants’ motion for summary judgment on the Plaintiffs’ state law claim of…
2Cases cited47 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
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3Cited by200 opinions
- Rimbert v. Eli Lilly and Co.Court of Appeals for the Tenth Circuit · 2011
- Terry v. Tyson Farms, Inc.Court of Appeals for the Sixth Circuit · 2010
- Ellis v. J.R.'s Country Stores, Inc.Court of Appeals for the Tenth Circuit · 2015
- Helget v. City of Hays, KansasCourt of Appeals for the Tenth Circuit · 2017
- Wyoming Ex Rel. Crank v. United StatesCourt of Appeals for the Tenth Circuit · 2008
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