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99-3199 Servais v. Kraft Foods

By: dmc-admin//July 2, 2001//

99-3199 Servais v. Kraft Foods

By: dmc-admin//July 2, 2001//

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Also, because the plaintiffs have made no showing of a method of damage calculation that would not be based on the difference between the milk orders the United States Department of Agriculture (USDA) established and what plaintiffs contend they should have been, we do not address their assertion that they can calculate damages without attacking the USDA milk order pay prices. We affirm summary judgment for the defendants.

The dairy farmers claim to have been adversely affected by federal regional milk orders for the areas in which they are producers of raw milk. They brought this suit under Wisconsin antitrust law, alleging that through a manipulation of prices paid on the National Cheese Exchange and elsewhere, the defendants were able to lower the milk orders’ minimum pay prices for milk producers in their areas because the orders were calculated in part through the use of manipulated data.

We reject the farmers’ arguments that: 1) since this is a state antitrust action, not a federal antitrust action, the filed rate doctrine is inapplicable; and 2) because co-ops are not regulated by milk orders, damages computed by reference to payments made by them should be available under the antitrust violations alleged.

Affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Jones, J., Roggensack, J.

Attorneys:

For Appellant: David L. Abt, Westby; Bernard Persky, New York, NY, et al.

For Respondent: Tefft W. Smith, Chicago, Ill.; Theodore L. Banks, Winnetka, Ill., et al.

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