Jacob Blinder andamp; Sons v. Gerber Prod Co, (3rd Cir. 1999)
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Filed January 20, 1999
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos.: 97-5609 and 98-5125
In Re: Baby Food Antitrust Litigation
JACOB BLINDER & SONS, INC., WISEWAY SUPER FOOD
CENTER, INC., SUPER CENTER, INC., UNITED
BROTHERS FINER FOODS, INC., L. L. HARRIS
WHOLESALE GROCERY, PETER J. SCHMITT & CO., 3932
CHURCH STREET SUPERMARKET, INC., ARLEEN FOOD
PRODUCTS CO., INC., RUBIN BROOKS AND SONS, INC.,
Appellants
(D.C. Civil No. 92-cv-05495)
JACOB BLINDER & SONS, INC., on behalf of itself and all
others similarly situated
v. GERBER PRODUCTS COMPANY; H.J. HEINZ COMPANY;
RALSTON PURINA COMPANY; BNNC CORPORATION, (now
dissolved) fka BEECH-NUT-NUTRITION fka BEECH-NUT
FOODS CORPORATION (now dissolved) fka
BAKER/BEECH-NUT CORPORATION (now dissolved) BCN
CORPORATION, (now dissolved) fka BEECH-NUT
CORPORATION; NESTLE HOLDINGS, INC.;
(Newark New Jersey Civil No. 92-cv-05495)
PETER J. SCHMITT CO., on behalf of itself
v. GERBER PRODUCTS COMPANY; H.J. HEINZ COMPANY;
RALSTON PURINA COMPANY; BNNC CORPORATION, (now
dissolved) aka BEECH-NUT-NUTRITION aka BEECH-NUT
FOODS CORPORATION (now dissolved) aka
BAKER/BEECH-NUT CORPORATION (now dissolved) BCN
CORPORATION, (now dissolved) aka BEECH-NUT
CORPORATION; NESTLE HOLDINGS, INC.;
(Newark New Jersey Civil No. 93-cv-00047)
WISEWAY SUPER FOOD CENTER, INC., on behalf of itself
and all others similarly situated
v. GERBER PRODUCTS COMPANY; H.J. HEINZ COMPANY;
RALSTON PURINA COMPANY; BNNC CORPORATION, (now
dissolved) aka BEECH-NUT-NUTRITION aka BEECH-NUT
FOODS CORPORATION (now dissolved) aka
BAKER/BEECH-NUT CORPORATION (now dissolved) BCN
CORPORATION, (now dissolved) aka BEECH-NUT
CORPORATION; NESTLE HOLDINGS, INC.;
(Newark New Jersey Civil No. 93-cv-00048)
SUPER CENTER, INC., on behalf of itself and all others
similarly situated
v. GERBER PRODUCTS COMPANY; H.J. HEINZ COMPANY;
RALSTON PURINA COMPANY; BNNC CORPORATION, (now
dissolved) aka BEECH-NUT-NUTRITION aka BEECH-NUT
FOODS CORPORATION (now dissolved) aka
BAKER/BEECH-NUT CORPORATION (now dissolved) BCN
CORPORATION, (now dissolved) aka BEECH-NUT
CORPORATION; NESTLE HOLDINGS, INC.;
(Newark New Jersey Civil No. 93-cv-00049)
UNITED BROTHERS FINER FOODS, INC., on behalf of
itself and all others similarly situated
v. GERBER PRODUCTS COMPANY; H.J. HEINZ COMPANY;
RALSTON PURINA COMPANY; BNNC CORPORATION, (now
dissolved) aka BEECH-NUT-NUTRITION aka BEECH-NUT
FOODS CORPORATION (now dissolved) aka
BAKER/BEECH-NUT CORPORATION (now dissolved) BCN
CORPORATION, (now dissolved) aka BEECH-NUT
CORPORATION; NESTLE HOLDINGS, INC.;
(Newark New Jersey Civil No. 93-cv-00050)
L. L. HARRIS WHOLESALE GROCERY, a partnership, on
behalf of itself and all others similarly situated
v. GERBER PRODUCTS COMPANY; H.J. HEINZ COMPANY;
RALSTON PURINA COMPANY; BNNC CORPORATION, (now
dissolved) aka BEECH-NUT-NUTRITION CORPORATION
(now dissolved) aka BEECH-NUT FOODS CORPORATION
(now dissolved) aka BAKER/BEECH-NUT CORPORATION
(now dissolved) BNC CORPORATION, aka BEECH-NUT
CORPORATION; (now dissolved); NESTLE
HOLDINGS, INC.;
(Newark New Jersey Civil No. 93-cv-00051)
3932 CHURCH STREET SUPERMARKET, INC., an Illinois
Corporation, on behalf of itself and all others similarly situated
v. GERBER PRODUCTS COMPANY; H.J. HEINZ COMPANY;
RALSTON PURINA COMPANY; BNNC CORPORATION,
(formerly known successively as Baker/Beech-Nut
Corporation, Beech Nut Foods Corporation, and Beech
Nut Nutrition Corporation) (now dissolved); BNC
CORPORATION, (formerly known as Beech-Nut
Corporation) (now dissolved); NESTLE HOLDINGS, INC.;
(Newark New Jersey Civil No. 93-cv-0320)
ARLEEN FOOD PRODUCTS CO., INC., on behalf of itself
and all others similarly situated
v. GERBER PRODUCTS COMPANY; H.J. HEINZ COMPANY;
RALSTON PURINA COMPANY; BNNC CORPORATION,
(formerly known successively as Baker/Beech-Nut
Corporation, Beech-Nut Foods Corporation, and Beech-
Nut Nutrition Corporation) (now dissolved) BNC
CORPORATION, (formerly known as Beech-Nut
Corporation) (now dissolved); NESTLE HOLDINGS, INC.;
(Newark New Jersey Civil No. 93-cv-0407)
RUBIN BROOKS AND SONS, INC., on behalf of himself
and all others similarly situated
v. GERBER PRODUCTS COMPANY; H.J. HEINZ COMPANY;
RALSTON PURINA COMPANY; BNNC CORPORATION,
(formerly known successively as Baker/Beech-Nut
Corporation, Beech-Nut Foods Corporation and Beech-Nut
Nutrition Corporation) (now dissolved); BNC
CORPORATION, (formerly known as Beech-Nut
Corporation (now dissolved); NESTLE HOLDINGS, INC. (Newark New Jersey Civil No. 93-cv-00802)
Jacob Blinder & Sons, Inc., Wiseway Super Food Center,
Inc., Super Center, Inc., United Brothers Finer Foods,
Inc., L. L. Harris Wholesale Grocery, Peter J. Schmitt &
Co., 3932 Church Street Supermarket, Inc., Arleen Food
Products Co., Inc., Rubin Brooks and Sons, Inc.,
Appellants in No. 98-5125
ORDER
The slip opinion in the above entitled matter filed
January 12, 1999 is herewith amended as follows:
1. Page 14, first full paragraph, line 2 -- delete "at
least a day" and replace with "sometime."
2. Page 15, paragraph 2 -- delete last sentence
commencing with "(3)."
3. Page 7, paragraph 2, line 8 -- delete "SS" and
substitute "Sections."
4. Page 13, first paragraph, line 12 -- delete "between"
and substitute "among."
5. Page 36, line 9 -- extend "Nov." to "November."
6. Page 40, paragraph 3, line 8 -- insert "that" after
"concluded."
7. Page 43, paragraph 2, line 1 -- delete
"subsequently."
8. Page 50, last paragraph, line 2 -- delete "three of."
9. Page 51, paragraph 4, line 5 -- capitalize "S" in
"section."
10. Page 52, paragraph 2, line 7 -- delete "S" and
substitute "Section."
BY THE COURT,
/s/ Max Rosenn
Circuit Judge
Dated: January 20, 1999
A True Copy:
Teste:
Clerk of the United States Court of Appeals
for the Third Circuit
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