Summary
holding that each sale of milk a price-fixed price constitutes a new overt act (citing Klehr, 521 U.S. at 189, 117 S.Ct. 1984)
Summary of this case from Oliver v. SD-3C LLCOpinion
No. 98-2498.
DECIDED May 5, 2000.
Leonard Egan, Washington, DC, Joel C. Meredith, Daniel B. Allanoff, Meredith, Cohen, Greenfogel Skirnick, Philadelphia, PA, Michael J. Freed, Much Shelist Freed Denenberg Ament, P.C., Chicago, IL, Morris Weinberg, Jr., Zuckerman, Spaeder, Taylor Evans, Tampa, FL, for Morton's Market, Inc.
Carey P. DeDeyn, Patricia B. Cunningham, Sutherland, Asbil Brennan, Atlanta, GA, for Defendants-Appellees.
Appeal from the United States District Court for the Middle District of Florida, (Nos. 93-1077-CIV-T-23B, 93-1264-CIV-23A, 94-1437-CIV-T-23A, 95-35-CIV-23B); Steven D. Merryday, Judge.
This case is before the court upon plaintiff's Motion for Clarification, filed on January 10, 2000. Defendant Pet, Inc. filed its response on January 20, 2000. The motion is GRANTED to the following extent: the Clerk is directed to amend the opinion entered in this case on December 20, 1999, and published at 198 F.3d 823 by (1) adding a phrase and a sentence to the end of the second sentence in Part III, which shall read as follows:
As to Pet, we hold that it effectively withdrew from the conspiracy in 1985 and, as to it, these actions are not timely-filed unless the statute was equitably tolled by fraudulent concealment. If so, Pet would be liable for any price-fixing activity prior to its withdrawal.
and (2) amending the holding, which now reads "AFFIRM IN PART, REVERSE IN PART and REMAND" to " REVERSE and REMAND," all as shown on pages 839-40 of the opinion. The motion is DENIED in all other respects.