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102 F.3d 1494 *; 1996 U.S. App. LEXIS 34400 **; 1996-2 Trade Cas. (CCH) P71,638; 97 Daily Journal DAR 569; 45 Fed. R. Evid. Serv. (Callaghan) 1390; 36 Fed. R. Serv. 3d (Callaghan) 1
J. WILLIAM AMAREL; JACK E. CARRICO and PAMELA FAWN CARRICO; REASON FARMS; STARKEY RANCH, INC.; DANLEY BROS., INC.; RODRICK RANCH, INC.; ALLEN ETCHEPARE; A. CHARLES ETCHEVARRY; SOHNREY RANCHES; JAY DEE GARR; MAXWELL SPYRES; MORLEY GREEN, aka NOR-CAL BROKERAGE; YUBA FARMS CO.; JOHNSON EQUITIES, INC.; LAMBIRTH, C. FARMS, INC.; MCKNIGHT, J.H. RANCH, INC.; LARRY E. MIDDLETON; HENRY C. MOORE, Plaintiffs-Appellants, v. GROVER CONNELL; CONNELL RICE AND SUGAR CO.; JOSEPH L. ALIOTO, Defendants-Appellees.
Subsequent History: [**1] As Amended January 15, 1997.
Prior History: Appeal from the United States District Court for the Northern District of California. D.C. Nos. CV-89-00558-BAC, CV-89-00558-VRW. Barbara A. Caulfield, District Judge, Presiding in 94-15803. Vaughn R. Walker, District Judge, Presiding in 95-16121.
Original Opinion Previously Reported at: 1996 U.S. App. LEXIS 30966.
Disposition: Affirmed the judgment for defendants on plaintiffs' monopolization claims under Section 2 of the Sherman Act and the California Unfair Practices Act. Reversed the judgment for defendants on plaintiffs' restraint of trade claims under Section 1 of the Sherman Act and the California Cartwright Act, and remanded the case for a new trial solely on the restraint of trade claims. Reversed the district court's award of costs and direct the district court to await resolution of plaintiffs' restraint of trade claims before determining whether an award of costs is appropriate.
rice, plaintiffs', defendants', prices, district court, antitrust, farmers, costs, cooperatives, sham, restraint of trade, anticompetitive, lawsuit, competitors, cross-examination, tons, monopolize, monopoly, anti trust law, predatory, Sherman Act, matter of law, time limit, per ton, conspiracy, exhibits, allegations, boycott, markets, export
Antitrust & Trade Law, Private Actions, Standing, General Overview, Civil Procedure, Appeals, Standards of Review, De Novo Review, Justiciability, Clayton Act, Remedies, Damages, Regulated Practices, Prioritizing Resources & Organization for Intellectual Property Act, Injury in Fact, Commercial Law (UCC), Sales (Article 2), Preliminary Considerations, Torts, Elements, Causation, Price Fixing & Restraints of Trade, Vertical Restraints, Price Fixing, Business & Corporate Law, Cooperatives, Abuse of Discretion, Judicial Officers, Judges, Discretionary Powers, Reversible Errors, Governments, Courts, Judges, Appellate Jurisdiction, Interlocutory Orders, Authority to Adjudicate, Evidence, Admissibility, Expert Witnesses, Pleadings, Amendment of Pleadings, Trials, Discovery & Disclosure, Disclosure, Mandatory Disclosures, Types of Evidence, Demonstrative Evidence, Documentary Evidence, Summaries, Writings, Criminal Law & Procedure, Reversible Error, Evidence, Expert Witnesses, Credibility of Witnesses, Impeachment, Procedural Matters, Rulings on Evidence, Ultimate Issue, Judgment as Matter of Law, Exemptions & Immunities, Noerr-Pennington Doctrine, Scope, Sham Exception, Jury Trials, Jury Instructions, Sherman Act, Claims, Monopolies & Monopolization, Attempts to Monopolize, Elements, Sherman Act, Conspiracy to Monopolize, Tying Arrangements, Clayton Act, Exclusive & Reciprocal Dealing, Exclusive Dealing, Horizontal Refusals to Deal, Cartels & Horizontal Restraints, Nonprice Restraints, Costs & Attorney Fees, Costs, Energy & Utilities Law, Taxation Issues