The Tenth Circuit yesterday reversed a summary judgment in favor of defendant poultry producers under the Packers and Stockyards Act.  The court held that Oklahoma and Arkansas chicken farmers raised a fact question on the issue of competitive injury.  The record included enough evidence to suggest that the producers injured competition by paying the farmers too little for growing the chickens and consumers by charging them too much for chicken meat.  Been v. O.K. Indus., Inc., No. 05-7079 (10th Cir. July 31, 2007).

Blawgletter recommends the opinion.  Chief Judge Tacha lays out the issues and the facts clearly and compellingly.  And we learn about the peculiar structure of the chicken-growing industry and the fowl treatment that the farmers get.

Barry Barnett

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