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Tomato processor aims to revive conspiracy lawsuit

A California tomato company wants to revive an antitrust and racketeering lawsuit that accused a rival processor of conspiring to fix prices and suppress competition. Morning Star Packing Co. of Williams, Calif., is seeking to convince the 9th U.S. Circuit Court of Appeals that a jury trial is warranted in its litigation against Los Gatos Tomato Products of Huron, Calif., over collusion in the processed tomato market. A federal judge dismissed the lawsuit last year after determining that Los Gatos wasn’t part of a bribery scheme that injured Morning Star, so it couldn’t be held liable for damages under antitrust and racketeering statutes.

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