Legal Opinion

Marshall Durbin Farms, Inc. v. National Farmers Organization, Inc.

Court of Appeals for the Fifth Circuit

Decided July 9, 1971No. 30251PublishedCited by 66 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

National Farmers Organization (NFO) 1 and several of its members appeal from the District Court’s order granting a preliminary injunction against them in an action alleging violations of §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1-2. We reverse.

The fourteen plaintiffs 2 are processors of broiler chickens and operators of feed mills. They have large numbers of plants and facilities located in numerous different towns in many counties of North Alabama. Generally speaking, the growing of broilers is contracted out to farmers, each of whom feeds and cares for chickens…

2Cases cited15 opinions

  1. Morgan v. United StatesSupreme Court of the United States · 1938
  2. Gonzales v. United StatesSupreme Court of the United States · 1955
  3. Federal Trade Commission v. National Lead Co.Supreme Court of the United States · 1957
  4. Securities and Exchange Commission v. Martin Frank, and Nylo-Thane Plastics Corp., Maurice Minuto, Olanda Minuto, Louis Braunston, Leonard FreedmanCourt of Appeals for the Second Circuit · 1968
  5. Sims v. GreeneCourt of Appeals for the Third Circuit · 1947

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3Cited by66 opinions

  1. Kaepa, Inc. v. Achilles CorporationCourt of Appeals for the Fifth Circuit · 1996
  2. Four Seasons Hotels & Resorts, B v. v. Consorcio Barr, S.A.Court of Appeals for the Eleventh Circuit · 2003
  3. Commerce Park at Dfw Freeport v. Mardian Construction CompanyCourt of Appeals for the Fifth Circuit · 1984
  4. Garcia v. Yonkers School DistrictCourt of Appeals for the Second Circuit · 2009
  5. Harris County, Texas v. Carmax Auto Superstores IncCourt of Appeals for the Fifth Circuit · 1999

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