Legal Opinion

Impro Products, Inc. v. Herrick

Court of Appeals for the Eighth Circuit

Decided August 11, 1983No. 82-2124PublishedCited by 59 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

Impro Products, Inc., appeals from a district court order granting summary judgment in favor of the defendants on Impro’s claims under Sections 1 and 2 of the Sherman Act. The court found no evidence that any of the defendants had conspired to suppress Impro as a competitor in the animal health field. We affirm.

I

BACKGROUND

A. THE INDUSTRY STRUCTURE

Antibiotics are used in the animal health industry to treat specific illnesses, and to serve as a health maintenance additive in animal feed. Because antibiotics are drugs within the meaning of the Food, Drug and Cosmetic Act,…

2Cases cited19 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  3. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  4. American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
  5. Kiefer-Stewart Co. v. Joseph E. Seagram & Sons, Inc.Supreme Court of the United States · 1951

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3Cited by59 opinions

  1. Gravity Inc v. Microsoft CorpCourt of Appeals for the Fourth Circuit · 2002
  2. Metge v. BaehlerCourt of Appeals for the Eighth Circuit · 1985
  3. Metge v. BaehlerCourt of Appeals for the Eighth Circuit · 1985
  4. Hutchinson v. United Parcel Service, Inc.District Court, N.D. Iowa · 1995
  5. Assam Drug Co., Inc., Downtown, Inc., D/B/A Shoppers City Liquor of Mitchell, S.D. v. Miller Brewing Co., Inc.Court of Appeals for the Eighth Circuit · 1986

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