United States Tenth Circuit

In a suit by chicken growers against a poultry producer alleging that the defendant's contract process was unconscionable and the contract terms violated the Packers and Stockyards Act, summary judgment on the PSA claim is reversed where section 202(a) of the PSA requires a plaintiff who claims that a defendant's conduct was "unfair" to show that such conduct results in or is likely to result in an injury to competition. Summary judgment on the unconscionability claim is affirmed, however, where the growers failed to show that the contracts at issue were unconscionable under state law.

Appellate Information

• Decided 07/31/2007
• Published 08/01/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, BRISCOE, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Charles B. Goodwin and Harry A. Woods, Jr. (Mack J. Morgan, III, Christopher B. Woods, and Amanda L. Maxfield, with them on the briefs), Crowe & Dunlevy, P.C., Oklahoma City, OK, appearing for the Appellants.


• For Appellees:
  
• Matthew Horan, Smith, Maurras, Cohen, Redd & Horan, PLC, Fort Smith, AR, (James M. Sturdivan and Ronald N. Ricketts, Gable & Gotwals, P.C., Tulsa, OK, and Don A. Smith, Smith, Maurras, Cohen, Redd & Horan, PLC, Fort Smith, AR, with him on the briefs), appearing for the Appellees.