Citations

Full opinion text

TRANSFER ORDER

Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, STANLEY A. WEIGEL, and ANDREW A. CAFFREY, Judges of the Panel.

In light of the fact that all parties generally agree on the desirability of Section 1407 treatment for this litigation, and upon consideration of the papers submitted, the Panel has found that the action listed on the attached Schedule A pending in the Southern District of New York involves common questions of fact with those actions pending in the Northern District of Georgia, and that transfer of this sole action to the Northern District of Georgia for coordinated or consolidated pretrial proceedings will serve the convenience of the parties and their witnesses and further the just and efficient disposition of this litigation.

IT IS THEREFORE ORDERED that the action listed on the attached Schedule A and pending in the Southern District of New York be, and the same hereby is, transferred to the Northern District of Georgia and, with the consent of that court, assigned to the Honorable William C. O’Kelley for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407 with the actions pending in that district and also listed on the attached Schedule A.

SCHEDULE A

Southern District of New York

City of New York, et al. v. Cargill, Inc., et al.

Civil Action No. 75 Civ. 4179

Northern District of Georgia

The State of Connecticut v. National Broiler Marketing Assn., et al.

Civil Action No. C74-1257A

Purity Supreme, Inc. v. National Broiler Marketing Assn., et al.

Civil Action No. C74-1557A

State of Rhode Island v. National Broiler Marketing Assn., et al.

Civil Action No. C74-1594A

State of Florida v. National Broiler Marketing Assn., et al.

Civil Action No. C74-1595A

State of Colorado v. National Broiler Marketing Assn., et al.

Civil Action No. C74-1632A

Commonwealth of Virginia v. National Marketing Assn., et al.

Civil Action No. C74-1654A

State of Alabama v. National Broiler Marketing Assn., et al.

Civil Action No. C74-1783A

State of Missouri v. National Broiler Marketing Assn., et al.

Civil Action No. C74-1829A

State of Iowa v. National Broiler Marketing Assn., et al.

Civil Action No. C74-2032A

The State of New York v. National Broiler Marketing Assn., et al.

Civil Action No. C74-2044A

Ambassador East Hotel, et al. v. National Marketing Assn., et al.

Civil Action No. C74-2204A

State of Oklahoma v. National Broiler Marketing Assn., et al.

Civil Action No. C74-2131A

State of Michigan v. National Broiler Marketing Assn., et al.

Civil Action No. C74-2366A

Commonwealth of Pennsylvania v. National Broiler Marketing Assn., et al.

Civil Action No. C74-2330A

State of Kentucky v. National Broiler Marketing Assn., et al.

Civil Action No. C75-70A

State of Ohio v. National Broiler Marketing Assn., et al.

Civil Action No. C75-71A

State of Louisiana v. National Broiler Marketing Assn., et al.

Civil Action No. C75-152A

State of New Jersey v. National Broiler Marketing Assn., et al.

Civil Action No. C75-362A

Louis Migliaccio, et al. v. National Broiler Marketing Assn., et al.

Civil Action No. C75-1079A

State of Illinois v. National Broiler Marketing Assn., et al.

Civil Action No. C75-1294A

Kentucky Fried Chicken of Mattoon, Ill., Inc. v. National Broiler Marketing Assn., et al.

Civil Action No. C75-1293A

Bal Harbour Hotel Corp., et al. v. National Broiler Marketing Assn., et al.

Civil Action No. C74-2204A