Opinions of the United 1999 Decisions States Court of Appeals for the Third Circuit 1-20-1999 Jacob Blinder & Sons v. Gerber Prod Co Precedential or Non-Precedential: Docket 97-5609 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1999 Recommended Citation "Jacob Blinder & Sons v. Gerber Prod Co" (1999). 1999 Decisions. Paper 11. http://digitalcommons.law.villanova.edu/thirdcircuit_1999/11 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 1999 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. 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 2 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. 3 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." 4  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 5