Legal Opinion

Windham v. American Brands, Inc.

Court of Appeals for the Fourth Circuit

Decided October 11, 1977No. 75-2315PublishedCited by 181 opinions

1Opinion of the Court

DONALD RUSSELL, Circuit Judge:

This is an interlocutory appeal, pursuant to Rule 54(b), Fed.R.Civ.P., from an order denying class certification under Rule 23(b)(3), Fed.R.Civ.P., in a private action brought by certain South Carolina tobacco growers, who allege that the defendant tobacco companies and the Secretary of Agriculture violated Sections 1 and 2 of the Sherman Anti-Trust Act1 during the years 1970 through 1974.2 When the appeal was initially heard, the majority of the panel thought that the district court should have allowed the suit to proceed as a class action, at least on the issue…

2Cases cited47 opinions

  1. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
  4. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
  5. Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977

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3Cited by181 opinions

  1. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
  2. In Re Visa Check/mastermoney Antitrust Litigation. Wal-Mart Stores, Inc., Limited, Inc., Sears Roebuck & Company, Safeway Inc., Circuit City Stores, Inc., National Retail Federation and the Food Marketing Institute, International Mass Retail Association, and All Similarly Situated Persons v. Visa U.S.A. Inc. And Mastercard International IncorporatedCourt of Appeals for the Second Circuit · 2001
  3. Six (6) Mexican Workers v. Arizona Citrus Growers Bodine Produce Company, Inc. Robert Fletcher, D/B/A Fletcher FarmsCourt of Appeals for the Ninth Circuit · 1990
  4. Elsie Simer v. Richard J. Rios, Acting Director of Community Services Administration Community Services AdministrationCourt of Appeals for the Seventh Circuit · 1981
  5. Broussard v. Meineke Discount Muffler Shops, Inc.Court of Appeals for the Fourth Circuit · 1998

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