Legal Opinion

Christofferson Dairy, Inc. v. MMM Sales, Inc.

Court of Appeals for the Ninth Circuit

Decided June 13, 1988No. Nos. 87-3765, 87-3888PublishedCited by 22 opinions

1Opinion of the Court

WIGGINS, Circuit Judge:

Christofferson Dairy brought suit under sections 1 and 2 of the Sherman Act against MMM Sales and its customer Dari-gold alleging a conspiracy to prevent Chris-tofferson from purchasing California sur*1170plus milk. The district court granted summary judgment in favor of MMM and Dari-gold, finding that Christofferson did not present sufficient evidence of an intent to restrain competition, or of an actual injury to competition. We AFFIRM.

I

FACTS AND PROCEEDINGS BELOW

Christofferson Dairy, Inc. operates a fluid milk bottling plant in Mt. Vernon, Washington. Christofferson…

2Cases cited13 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
  3. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  4. Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1979
  5. Edward Ashton v. Kenneth CoryCourt of Appeals for the Ninth Circuit · 1986

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3Cited by22 opinions

  1. ZF Meritor LLC v. Eaton CorporationCourt of Appeals for the Third Circuit · 2012
  2. West Penn Allegheny Health System, Inc. v. UPMCCourt of Appeals for the Third Circuit · 2010
  3. Thurman Industries, Inc. v. Pay 'N Pak Stores, Inc.Court of Appeals for the Ninth Circuit · 1989
  4. Sicor Ltd. v. Cetus Corp.Court of Appeals for the Ninth Circuit · 1995
  5. In Re Coordinated Pretrial Proceedings in Petroleum Products Antitrust Litigation. State of Arizona v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Continental Oil Co. Gulf Oil Corp. Phillips Petroleum Co. Caribou Four Corners, Inc. And Powerine Oil Co., State of California v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. And Shell Oil Co., and Atlantic Richfield Co. Getty Oil Co. And Phillips Petroleum Co., State of Oregon, on Behalf of Itself, Its Residents and All Political Subdivisions Within the State Similarly Situated v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Getty Oil Co. Gulf Oil Corp. And Phillips Petroleum Co., State of Washington, on Behalf of Itself and Its Public Entities and Residents v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. Shell Oil Co., and Getty Oil Co. And Phillips Petroleum Co.Court of Appeals for the Ninth Circuit · 1990

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