Legal Opinion

United States v. National Broiler Marketing Association

Court of Appeals for the Fifth Circuit

Decided April 22, 1977No. 76-2115PublishedCited by 18 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

We must decide whether broiler industry companies that neither own nor operate farms can be “farmers” within the meaning of a 1922 federal statute called the Capper-Volstead Act, 1 which gives farmers’ cooperatives some measure of protection from the antitrust laws. The question is a novel one. After careful study of the Act and its legislative history, we are convinced that Congress’s purpose in enacting Capper-Volstead does not mandate or permit protection of these broiler industry companies from the proscriptions of the antitrust laws. The district court held…

2Cases cited27 opinions

  1. United States v. Borden Co.Supreme Court of the United States · 1939
  2. Tigner v. TexasSupreme Court of the United States · 1940
  3. Malat v. RiddellSupreme Court of the United States · 1966
  4. Addison v. Holly Hill Fruit Products, Inc.Supreme Court of the United States · 1944
  5. Frost v. Corporation Comm'n of Okla.Supreme Court of the United States · 1929

22 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In Re Chicken Antitrust Litigation American PoultryCourt of Appeals for the Fifth Circuit · 1982
  2. National Broiler Marketing Ass'n v. United StatesSupreme Court of the United States · 1978
  3. Arthur Swerdloff and Louis Swerdloff v. Miami National Bank, a National Banking AssociationCourt of Appeals for the Fifth Circuit · 1978
  4. Spartan Grain & Mill Co. v. AyersCourt of Appeals for the Fifth Circuit · 1978
  5. Hiatt Grain & Feed, Inc. v. BerglandDistrict Court, D. Kansas · 1978

13 more not listed; retrieve them via the Exa API.

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