Wheeler v. Pilgrim's Pride Corp.

EMILIO M. GARZA, Circuit Judge,

with whom

E. GRADY JOLLY, RHESA H. BARKSDALE, DENNIS, PRADO, JENNIFER W. ELROD and HAYNES, Circuit Judges, join, dissenting:

This appeal presents a single narrow question, certified to us by the district court pursuant to 28 U.S.C. § 1292(b): whether a plaintiff must prove an adverse effect on competition to prevail in a suit alleging a violation of Packers and Stockyards Act Sections 202(a) and (b), 7 U.S.C. § 192(a) and (b), (“PSA”). The PSA provides:

It shall be unlawful for any packer or swine contractor with respect to livestock, meats, meat food products, or…