No Quick Appeal For Capper-Volstead Denials: 3rd Circ.

Law360, New York (August 23, 2011, 8:18 PM EDT) -- The Third Circuit on Tuesday dismissed an appeal from a mushroom farming cooperative facing putative class action price-fixing litigation, holding that a lower court ruling that said they weren't shielded from Sherman Act claims by the Capper-Volstead Act wasn't immediately appealable.

The three-judge panel weighed in on whether a prejudgment order denying a cooperative Capper-Volstead protections could be immediately appealed under the collateral order doctrine, answering in the negative. The panel decision clears the way for the consolidated litigation, which had been stayed, to move forward....
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