Since 1982, Wyandot Popcorn Museum has been a great place for families and kids of all ages. Second, plaintiffs assert Golden Valley is directly liable for its own unlawful behavior subsequent to the Vogel acquisition. We knew Dennis Koepsell owned the best preserved Dunbar Antique Wagon in Milwaukee, Wisc.. Paul arranged to rent the wagon for the media event, and then later bought the wagon from Dennis. In 1988, Robert Sander then Golden Valley's president and chief operating officer, also became Vogel Popcorn's president and chief operating officer. Golden Valley asserts that because Golden Valley was a purchaser rather than a seller of bulk popcorn for nine of the ten years of the alleged conspiracy, it had no "motive" to engage in price fixing. denied, 484 U.S. 977, 108 S. Ct. 489, 98 L. Ed.

Plaintiffs have presented more than slight evidence that Weaver may have been a player in a conspiracy to fix popcorn prices.

Stop guessing. Rule 56(c) of the Federal Rules of Civil Procedure provides that a motion for summary judgment must be granted "if the pleadings, depositions, answers to interrogatories, admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Actually he tested over 50 different varieties from several companies before he decided in early 1984 that Wyandot had the best popcorn for his glass jar packed Newman's Own Popcorn. Rather, the plaintiffs allege prices were maintained at an artificially *1198 high level. He talked to Wyandot Popcorn Co. and others about his plans. Sixth, plaintiffs assert that Weaver agreed to not compete in bulk sales in areas west of the Mississippi River. For example, Mike Weaver of Weaver Popcorn indicated that he had "probably" three conversations with Mr. Brown (of Wyandot) in which the issue of bulk popcorn prices was raised. Robert J. Hennessey, Larkin, Hoffman, Daly & Lindgren, Minneapolis, Minn., Merrill S. Schell, M. Stephen Pitt, Debra D. Poulin, Wyatt, Tarrant & Combs, Louisville, Ky., for Gettelfinger Popcorn, defendant. Once a conspiracy is established, even slight evidence connecting a defendant to the conspiracy may be sufficient to prove the defendant's involvement. A horse trailer was built especially for the antique to keep it safe from vandals when not in use. ", Fourth, plaintiffs indicate that Mr. Weaver received a copy of a letter written by Brown to a third party popcorn supplier (National Oats) urging National Oats to join the Popcorn Institute and not make public statements that the popcorn supply was strong this year. cert. He talked to Wyandot Popcorn Co. and others about his plans. Wyandot, Inc. does not currently have any active jobs on CareersInFood.com. In 1987, Paul contacted Wyandot with a desire to sell the antique. In 1982 Paul Newman wanted to add popcorn to his salad dressing and spaghetti sauce then being sold under his Newman's Own Brand.

), cert. Patrick W. Tyk, a Golden Valley employee, was specifically assigned to oversee Vogel's operations and had primary responsibility for pricing after Golden Valley acquired Vogel. Labels, and marketing tools, posters, point-of-sale pieces were prepared, and in August of 1984 in Westport Conn., the largest media food announcement in history occurred. On a motion for summary judgment, the non-moving parties are entitled to the benefit of all favorable inferences, and all genuine issues of material fact must be reserved for resolution by the jury. In any event, even if it is not found that Golden Valley exercised complete control over Vogel to hold Golden Valley liable for Vogel's unlawful behavior, sufficient evidence exists that Golden Valley engaged directly or acquiesced in a pricing conspiracy. 1. denied, 454 U.S. 1086, 102 S. Ct. 646, 70 L. Ed. Third, plaintiffs point to a conversation between George Brown and Vogel Popcorn president Art Vogel in which the two discussed that Mr. Weaver, in part, was attempting to prevent public dissemination of information relating to the available supply of bulk popcorn. Despite this precaution, major vandalism occurred, and a local firm was hired to repair the damage. All his profits from these sales were being given to various charities. Paul Newman's Dunbar Model 1911 Popcorn and Peanut Concession Wagon. First, Weaver employees have, on various occasions, discussed popcorn prices with competitors. Apparently, if customers became aware that the popcorn crop was plentiful then the customers would not tolerate *1197 higher prices. Improve your chances of receiving a raise when you ask. Silver, Marc J. Manderscheid, Gary M. Hansen, Doherty, Rumble & Butler, St. Paul, Minn., for Wyandot Corp., defendant. I can help you find out what you should be paid. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Thus the Matsushita higher burden of proof is not applicable here.

See also United States v. Burchinal, 657 F.2d 985, 990 (8th Cir.) Defendant Weaver Popcorn's motion for summary judgment is DENIED. First, Weaver employees have, on various occasions, discussed popcorn prices with competitors.

Golden Valley, in support of its summary judgment motions, cites to Matsushita for the proposition that the "absence of any plausible motive to engage in the conduct *1199 charged is highly relevant to whether a `genuine issue for trial' exists ..." Matsushita, 475 U.S. at 596, 106 S. Ct. at 1361. Number of employees. First, James Watkins, Golden Valley's CEO, admitted that upon the purchase of Vogel Popcorn, Golden Valley had "full operating control" of Vogel Popcorn. Years later the Dunbar was gifted to the Wyandot Popcorn Museum so the crates of dry popper, boiler, butter applicator etc. denied, 492 U.S. 920, 109 S. Ct. 3247, 106 L. Ed. Plaintiffs point to George Brown, defendant Wyandot's president and board chairman, as the conspiracy's "kingpin". Anne V. Simonett, Norman R. Carpenter, Faegre & Benson, Minneapolis, Minn., for Curtice Burns Foods, defendant. United States v. Garcia, 785 F.2d 214, 225 (8th Cir. Companies in the same industry as The Wyandot Center, ranked by hourly rate. place. In August of 1991, Mike Weaver had a telephone conference with George Brown, during which the two discussed Weaver's sales terms to a particular customer. Do you know what people like you are earning? Weaver Popcorn's motion for summary judgment is therefore DENIED. It took an entire afternoon with interviews of Paul, Joan, as well as his partner in the enterprise, A. E. Hoetchner, and his Wife Ursula, who later became the daily driving force to the success of the total program. denied, 484 U.S. 977, 108 S. Ct. 489, 98 L. Ed.

Plaintiffs allege that defendants engaged in a nationwide conspiracy to fix prices for bulk popcorn during the period January 1, 1979 through December 31, 1988, and participated in other anti-competitive conduct in violation of Section One of the Sherman Act, 15 U.S.C. § 1. These priceless wagons date back as far as the turn of the century and have been restored to their original condition.

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