United States Sixth Circuit

In a poultry farmer's suit against Tyson Farms under the Agricultural Fair Practices Act of 1967 (AFPA) alleging unlawful interference and discrimination based on his membership in the grower's association, as well as claims under the Packers and Stockyards Act (PSA), dismissal of plaintiff's complaint and an award of attorney's fees to Tyson is affirmed where: 1) district court properly determined that plaintiff's complaint does not allege that Tyson's actions had an anticompetitive effect, and as such, it was not an error to grant Tyson's motion to dismiss the PSA claim; 2) plaintiff has failed to allege that Tyson's unlawful actions stem from his involvement with an AFPA-protected "association of producers"; and 3) plaintiff has forfeited his argument with respect to the district court's award of attorney fees to Tyson.

Appellate Information

• Argued 03/04/2009
• Decided 05/10/2010
• Published 05/10/2010

Judges

• Before NORRIS, COOK, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Cynthia Noles Johnson, Johnson Law, P.C., Cohutta, Georgia, for Appellant. Jay T. Jorgensen, Sidley Austin LLP, Washington, D.C., for Appellee. Jonathan H. Levy, United States Department of Justice, Washington, DC, for Amicus Curiae. ON BRIEF:Cynthia Noles Johnson, Johnson Law, P.C., Cohutta, Georgia, Russell D. Hedges, Moore & Hedges, Tullahoma, Tennessee, for Appellant. Jay T. Jorgensen, Carter G. Phillips, Sidley Austin LLP, Washington, D.C., Travis R. McDonough, Roger W. Dickson, Zachary H. Greene, Miller & Martin PLLC, Chattanooga, Tennessee, for Appellee. Jonathan H. Levy, Michael S. Raab, United States Department of Justice, Washington, DC, for Amicus Curiae.