Legal Opinion
Jacob Blinder & Sons, Inc. v. Gerber Products Co.
Court of Appeals for the Third Circuit
Decided January 12, 1999No. 97-5609, 98-5125UnknownCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
This appeal, relating to a highly concentrated nationwide industry, raises interesting questions of proof and law in a hotly-contested antitrust action. The plaintiffs, direct purchasers of baby food from defendant manufacturers, include wholesalers, supermarket chains, and other direct purchasers. The defendants, nationally prominent corporations, are Gerber Products Company (“Gerber”), H.J. Heinz Co. (“Heinz”), Nestle Food Company/Beech-Nut (“Nestle/BeechNut”) and Ralston Purina Company/BeechNut (“Ralston/Beech-Nut”) (collectively “Beech-Nut”). 1…
2Cases cited37 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
- Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
- Copperweld Corp. v. Independence Tube Corp.Supreme Court of the United States · 1984
- United States v. United States Gypsum Co.Supreme Court of the United States · 1978
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3Cited by4 opinions
- In Re Baby Food Antitrust Litigation Jacob Blinder & Sons, Inc., Wiseway Super Food Center, Inc., Super Center, Inc., United Brothers Finer Foods, Inc., L.L. Harris Wholesale Grocery, Peter J. Schmitt & Co., 3932 Church Street Supermarket, Inc., Arleen Food Products Co., Inc., Rubin Brooks and Sons, Inc., (d.c. Civil No. 92-Cv-05495). Jacob Blinder & Sons, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) Fka Beech-Nut-Nutrition Fka Beech-Nut Foods Corporation (Now Dissolved) Fka Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) Fka Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 92-Cv-05495). Peter J. Schmitt Co., on Behalf of Itself v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00047). Wiseway Super Food Center, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00048). Super Center, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00049). United Brothers Finer Foods, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00050). L.L. Harris Wholesale Grocery, a Partnership, on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition Corporation (Now Dissolved) AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bnc Corporation, AKA Beech-Nut Corporation (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00051). 3932 Church Street Supermarket, Inc., an Illinois Corporation, on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech Nut Foods Corporation, and Beech Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-0320). Arleen Food Products Co., Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech-Nut Foods Corporation, and Beech-Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-0407). Rubin Brooks and Sons, Inc., on Behalf of Himself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech-Nut Foods Corporation and Beech-Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00802). Jacob Blinder & Sons, Inc., Wiseway Super Food Center, Inc., Super Center, Inc., United Brothers Finer Foods, Inc., L.L. Harris Wholesale Grocery, Peter J. Schmitt & Co., 3932 Church Street Supermarket, Inc., Arleen Food Products Co., Inc., Rubin Brooks and Sons, Inc., in No. 98-5125Court of Appeals for the Third Circuit · 1999
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