Helix Milling Company v. Terminal Flour Mills Co. And General Foods Corporation

OPINION

Before BROWNING and WRIGHT, Circuit Judges, and LINDBERG, * District Judge. WRIGHT, Circuit Judge:

Plaintiff Helix Milling Company (Helix) appeals the decision of the district court granting summary judgment and dismissing its claim for damages under § 1 of the Sherman Act [15 U.S.C. § 1] and § 7 of the Clayton Act [15 U.S.C. § 18]. We affirm the decision of the district court with respect to plaintiff’s § 7 claim but reverse and remand with respect to its § 1 cause of action.

Helix operated a mill in Oregon for flour and millfeed which was destroyed by fire. Plaintiff alleged that the…