King Cole Foods, Inc. v. SuperValu, Inc.
Court of Appeals for the Eighth Circuit
1Opinion of the Court
SHEPHERD, Circuit Judge.
Appellants are five retail grocers (“the Retailers”), each attempting to bring class-action antitrust claims against one of two wholesale grocers (“the Wholesalers”). Each Retailer is a customer of only one of the 'Wholesalers, has an arbitration agreement with only that Wholesaler, and is attempting to use an antitrust conspiracy theory to bring suit against the Wholesaler with whom it neither does business nor has an arbitration agreement (“the non-signatory Wholesaler”). The district court dismissed the Retailers’ claims and struck their allegations from the…
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