Lawsuit Against IBP
Dismissed By Judge

OMAHA, Neb. —(AP)— A federal judge in Alabama has dismissed a class action lawsuit against meatpacking giant IBP Inc., but those filing the suit plan to pursue the case.

The 10 cattle owners asked the court to bring the lawsuit against IBP on behalf of all cattlemen who felt they had not received a fair price on the open market. But U.S. District Judge W. Harold Albritton in Montgomery, Ala., said differences are too wide among operations to qualify as a class action, with some cattle owners running cow-calf operations, others operating feedlots, and others grazing cattle.

The cattle owners filed the lawsuit two years ago, claiming that Dakota City-based IBP colluded with other meatpackers to restrain competition and control prices.

IBP denies the charges, arguing that an oversupply of beef has driven down prices.

Mike Callicrate, a cattle feeder in St. Francis, Kan., and one of the 10 who filed the lawsuit, said he expects members of the group to proceed with the lawsuit and drop the class action request.