Legal Opinion
Ibp, Inc. v. Daniel Glickman, Secretary, U.S. Department of Agriculture United States Department of Agriculture
Court of Appeals for the Eighth Circuit
Decided August 13, 1999No. 98-3104PublishedCited by 20 opinions
1Opinion of the Court
BEAM, Circuit Judge.
IBP, a large meat packing company, appeals a Judicial Officer’s (JO) decision finding a provision of its agreement with a group of feedlots to be a violation of the Packers and Stockyards Act (the Act). 7 U.S.C. § 192(a)-(b). The suspect provision is a right of first refusal, which the JO found to have the effect or potential effect of suppressing or reducing competition. As a result, the JO ordered IBP to cease and desist entering into or continuing any agreement “containing a right of first refusal which provides [that IBP] may obtain livestock by matching the highest…
2Cases cited5 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Stafford v. WallaceSupreme Court of the United States · 1922
- Swift & Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1968
- Mahon v. StowersSupreme Court of the United States · 1974
- Jackson v. Swift Eckrich, Inc.Court of Appeals for the Eighth Circuit · 1995
3Cited by20 opinions
- Been v. O.K. Industries, Inc.Court of Appeals for the Tenth Circuit · 2007
- Terry v. Tyson Farms, Inc.Court of Appeals for the Sixth Circuit · 2010
- Henry Lee Leroy Pickett v. Iowa Beef ProcessorsCourt of Appeals for the Eleventh Circuit · 2005
- Org. for Competitive Markets v. U.S. Department of AgricultureCourt of Appeals for the Eighth Circuit · 2018
- Kinkaid v. John Morrell & Co.District Court, N.D. Iowa · 2004
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