In re Midwest Milk Monopolization Litigation
| Citation | 510 F. Supp. 381 |
| Decision Date | 29 January 1981 |
| Docket Number | JPML Docket No. 83. Civ. No. 19191-1. |
| Parties | In re MIDWEST MILK MONOPOLIZATION LITIGATION. Robert B. ALEXANDER et al., Plaintiffs, v. The NATIONAL FARMERS ORGANIZATION, INC., et al., Defendants, v. ASSOCIATED MILK PRODUCERS, INC., et al., Counterclaim Defendants. |
| Court | United States District Courts. 8th Circuit. Western District of Missouri |
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Harry P. Thomson, Jr., George E. Leonard, Shughart, Thomson & Kilroy, Kansas City, Mo., for Mid-Am.
Sydney Berde and Richard M. Hagstrom, Sydney Berde, P. A., St. Paul, Minn., for CMPC.
Donald M. Barnes, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., Colvin A. Peterson, Jr., Watson, Ess, Marshall & Enggas, Kansas City, Mo., for AMPI.
William A. Carey, Barnett, Alagia & Carey, Washington, D. C., for ARSPC.
VOLUME I OF TWO VOLUMES, containing:
Complete Table of Contents for both volumes Pages 385 to 462, inclusive.
For the convenience of the Court and counsel for the parties, the trial of this complex litigation was divided into three parts consistently referred to as Phase I, Phase II and Phase III. For further convenience the various parties were and are referred to as follows:
Phase I of this case involves Mid-Am's claim as plaintiff against NFO as defendant for alleged violations of Section 1 of the Sherman Act, Section 2(c) of the Robinson-Patman Act, and Section 274.260 R.S.Mo. 1969. Mid-Am claimed actual damages in the amount of $1,989,350.00, to be trebled, and its attorneys' fees and costs. In accordance with the findings of fact and conclusions of law separately made and stated in connection with Mid-Am's Phase I claim against NFO, an order will be entered directing that judgment be entered against Mid-Am on its Phase I claim and in favor of NFO.
Phase II of this case involves NFO's counterclaim against Mid-Am, CMPC, ARSPC, for alleged violations of Sections 1 and 2 of the Sherman Act and Sections 3 and 7 of the Clayton Act. NFO sought equitable relief and damages in the amount of $14,064,068.76, to be trebled, and its attorneys' fees and costs. In accordance with the findings of fact and conclusions of law separately made and stated in connection with NFO's Phase II counterclaim against Mid-Am, CMPC, and ARSPC, an order will be entered directing that judgment be entered against NFO on its Phase II counterclaim and in favor of Mid-Am, CMPC, and ARSPC.
Phase III of this case involves AMPI's claims against NFO and nineteen individual NFO members and/or employees for alleged violations of Sections 1 and 2 of the Sherman Act and certain provisions of the Agricultural Fair Practices Act of 1967. AMPI sought equitable relief and claimed damages in the amount of $9,145,003.83, to be trebled, and its attorneys' fees and costs. In accordance with the findings of fact and conclusions of law separately made and stated in connection with AMPI's Phase III claim against NFO, an order will be entered directing that judgment be entered against AMPI on its Phase III claim and in favor of NFO.
Court Exhibit I is a stipulation of 3,206 agreed facts with respect to Mid-Am's claim against NFO. While Mid-Am filed a 289 page document entitled "Plaintiff's Post-Trial Proposed Findings of Fact," which contained 2,224 separate paragraphs of proposed findings of fact, Mid-Am simultaneously filed its "Proposed Findings of Ultimate Facts and Proposed Conclusions of Law," 52 pages in length and containing 239 separate paragraphs of proposed ultimate factual findings. That filing fully sets forth Mid-Am's basic factual and legal theories in support of Mid-Am's liability claims against NFO. NFO's filing entitled "Defendant's Post-Trial Proposed Findings of Fact and Conclusions of Law," 35 pages in length, contains 206 separate proposed factual findings to support NFO's various defenses to Mid-Am's claims.
Both Mid-Am's proposed findings of ultimate facts and NFO's post-trial proposed findings of fact rely in large part on particular paragraphs of Court Exhibit I, the stipulation of agreed facts. Indeed, Mid-Am, for the most part, actually quotes particular paragraphs of the stipulation as a particular paragraph of a proposed finding of ultimate fact. NFO, on the other hand, elected to cite and paraphrase rather than...
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Alexander v. NATIONAL FARMERS'ORGANIZATION
...at 11). Defendants noted that the Court of Appeals quoted with apparent approval this Court's observation, In re Midwest Milk Monopolization Litigation, 510 F.Supp. 381, at 420 (1981), which stated that "the record would come closer to supporting a set of findings that NFO became a victim o......
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Alexander v. National Farmers Organization
...tried in three phases, generating an extensive record more than 15,000 pages in length. See In Re Midwest Milk Monopolization Litigation, 510 F.Supp. 381 (W.D.Mo.1981) (hereinafter Midwest Milk ). The district court 1 found that none of the parties presented sufficient evidence to meet thei......
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National Farmers' Organization, Inc. v. Associated Milk Producers, Inc.
...court found in favor of NFO on the phase I and III claims and against NFO on the phase II claims. In Re Midwest Milk Monopolization Litigation, 510 F.Supp. 381 (W.D.Mo.1981) (NFO I). On appeal, this Court affirmed the district court with respect to the phase I and III claims. Alexander v. N......
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Ewald Bros., Inc. v. Mid-America Dairymen, Inc.
...purposes" and was important, at least in principle, to the stable supply of milk. Id. at 1206-07. See In re Midwest Milk Monopolization Litigation, 510 F.Supp. 381, 449-52 (W.D.Mo.1981) (district court findings of fact). Ewald argues that while the NFO Court relieved the standby pool of ant......