Legal Opinion
In re Fine Paper Antitrust Litigation
Court of Appeals for the Third Circuit
Decided December 9, 1982No. Nos. 82-1033, 82-1034PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
These appeals challenge the effect of a district court certification order that excluded a number of putative members from a plaintiff class. We conclude that the order was unambiguous, and its explicit denial of membership to designated entities, which included appellants, severed their connection with the case. Moreover, in the absence of timely intervention, appellants lacked standing to move for reformation of the class certification order. Even if their motions are treated as attempts at intervention, the district court did not err in refusing to…
2Cases cited25 opinions
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
- National Ass'n for the Advancement of Colored People v. New YorkSupreme Court of the United States · 1973
- United Airlines, Inc. v. McDonaldSupreme Court of the United States · 1977
- In Re Fine Paper Antitrust Litigation. (Ten Cases) the State of Alaska, on Its Own Behalf and on Behalf of Its Cities, Boroughs, and Other Political Subdivisions v. Boise Cascade Corporation, a Delaware Corporation Champion International Corporation, a New York Corporation Crown Zellerbach Corporation, a Nevada Corporation Great Northern Nekoosa Corporation, a Maine Corporation Hammermill Paper Company, a Pennsylvania Corporation International Paper Company, a New York Corporation Kimberly Clark Corporation, a Delaware Corporation the Mead Corporation, an Ohio Corporation Potlatch Corporation, a Delaware Corporation Scott Paper Company, a Pennsylvania Corporation St. Regis Paper Company, a New York Corporation Union Camp Corporation, a Virginia Corporation Wausau Paper Mills Co., a Wisconsin Corporation Westvaco Corporation, a Delaware Corporation Weyerhaeuser Company, a Washington Corporation Blake, Moffitt & Towne, Inc., a Division of Saxon Industries, Inc., a New York Corporation Western Paper Company, a Division of Hammermill Paper Company, a Pennsylvania Corporation and Zellerbach Paper Company, a Division of Crown Zellerbach Corporation, a Nevada Corporation. Appeal of State of Alaska, in No. 81-2341. State of Colorado v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, D/B/A Zellerbach Paper Company, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company, Butler Paper Company and Dixon Paper Company. Appeal of State of Colorado, in No. 81-2342. State of Washington, on Behalf of Itself and Its Public Entities v. Boise Cascade Corp., Champion International Corporation, Hammermill Paper Company, International Paper Company, Potlatch, Inc., Scott Paper Company, St. Regis Paper Company, Weyerhaeuser Company, Blake, Moffitt & Towne, Inc., a Division of Saxon Industries, Inc., Carpenter-Offutt Paper Company, Inc. A Division of Unisource Corp., Zellerbach Paper Company, a Division of Crown Zellerbach Corporation. Appeal of State of Washington, in No. 81-2343. State of Missouri v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company Corporation, Butler Paper Company, Graham Paper Company, Bermingham & Prosser Company, Distribix, Inc. Paper Supply Company, and Shaughnessy-Kniep-Hawe Paper Company. Appeal of State of Missouri, in No. 81-2344. The State of Oregon, on Its Own Behalf and on Behalf of Its Cities, Counties, and Other Political Subdivisions v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company, Blake, Moffitt & Towne, Division of Saxon Industries, Inc., Carpenter-Offutt Paper Company, Division of Unisource Corporation, Western Paper Company, Division of Hammermill Paper Company, and Zellerbach Paper Company, Division of Crown Zellerbach Corporation. Appeal of State of Oregon, in No. 81-2345. The State of California, on Behalf of Itself and All Political Subdivisions, Public Agencies and Districts Within the State Similarly Situated v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company, Butler Paper Company, an Affiliate of Great Northern Nekoosa Corp., J. C. Paper Company, an Affiliate of Wausau Paper Mills Co., Nationwide Papers, Incorporated, a Division of Champion International Corp., Seaboard Paper Company, an Affiliate of Mead Corp., Zellerbach Paper Company, a Division of Crown Zellerbach Corp., Blake, Moffitt & Towne, a Division of Saxon Industries, Inc., Carpenter-Offutt Paper Company, a Division of Unisource Corp., Ingram Paper Company and Noland Paper Company (Carpenter/offutt Paper Co.). Appeal of State of California, in No. 81-2346. Nebraska, State of v. Boise Cascade Corporation, Champion International Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Co., Westvaco Corporation, Weyerhaeuser Company, Crown Zellerbach Corporation, Kimberly Clark and Western Paper Co., a Division of Hammermill Paper Company. Appeal of State of Nebraska, in No. 81-2347. State of Iowa, by Its Attorney General, Richard C. Turner v. Boise Cascade Corp. Champion International Corporation the Mead Corporation Great Northern Nekoosa Corporation Hammermill Paper Company International Paper Company Potlatch Corporation Scott Paper Company St. Regis Paper Company Union Camp Corporation Wausau Paper Mills Co. Westvaco Corp. And Weyerhaeuser Company. Appeal of State of Iowa, in No. 81-2348. Montana, State of v. Boise Cascade Corp. Champion International Corp. Great Northern Nekoosa Corp. Hammermill Paper Co. International Paper Co. Mead Corp. The Potlatch Corp. Scott Paper Co. St. Regis Paper Co. Union Camp Corp. Wausau Paper Mills Co. Westvaco Corp. Weyerhaeuser Co. Crown Zellerbach Corp. And Kimberly Clark. Appeal of State of Montana, in No. 81-2349. State of Arkansas v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Western Paper Company, Graham Paper Company. Appeal of State of Arkansas, in No. 81-2350Court of Appeals for the Third Circuit · 1982
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3Cited by32 opinions
- Mountain Top Condominium Association v. Dave Stabbert Master Builder, Inc.Court of Appeals for the Third Circuit · 1995
- Binker v. PennsylvaniaCourt of Appeals for the Third Circuit · 1992
- Coca-Cola Bottling Co. of Elizabethtown, Inc. v. Coca-Cola Co.District Court, D. Delaware · 1983
- Mountain Top Condominium Ass'n v. Dave Stabbert Master Builder, Inc.Court of Appeals for the Third Circuit · 1995
- 59 Fair empl.prac.cas. (Bna) 1505, 59 Empl. Prac. Dec. P 41,773 Otto J. Binker, Lieutenant Charles Leo McBreen Trooper Equal Employment Opportunity Commission and Lieutenant Otto J. Binker v. Commonwealth of Pennsylvania Pennsylvania State Police Daniel F. Dunn, Commissioner of the Pennsylvania State Police, George K. McCloskey Objector, in 91-5745. Otto J. Binker, Lieutenant Charles Leo McBreen Trooper Equal Employment Opportunity Commission and Lieutenant Otto J. Binker v. Commonwealth of Pennsylvania Pennsylvania State Police Daniel F. Dunn, Commissioner of the Pennsylvania State Police, Majors George Evan Roy L. Titler, in 91-5746 and 91-5942Court of Appeals for the Third Circuit · 1992
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