In re Southeastern Milk Antitrust Litigation, No. 2:08-MD-1000, 2008 U.S. Dist. LEXIS 44541 (E.D. Tenn. Jun. 6, 2008)

(class action lawsuit brought against Southern Marketing Agency (formed by Dairy Farmers of America, Inc.) for alleged conspiracy to suppress prices paid for raw milk while simultaneously raising prices to the region's retailers in violation of the Sherman Act; defendant's motion to dismiss for failure to state claim on basis that Capper Volstead Act provides immunity denied because such defense cannot be resolved through a motion to dismiss).