09/07/05 Pickett v Tyson Round 3

Pickett vs. Tyson Round 3 Well, it's now round three of a court battle that U.S. cattlemen are watching closely. I'm Jeff Keane. I'll have some details right after this. A little over a year ago I told you about a class action suit that six cattlemen brought against IBP/Tyson Fresh Meats. The suit claimed IBP/Tyson was using contracted cattle or captive supplies to depress prices paid for fat cattle bought by Tyson for processing. The trial jury agreed with the cattlemen and awarded them 1.28 billion dollars  round one to the cattlemen. The judge in the case overruled the jury and ruled in favor of Tyson. Round two goes to Tyson. The case then went to the Eleventh Circuit Court of Appeals and the judges there also ruled the jury was not right and round three went to Tyson. Keith Mudd, president of the Organization for Competitive Markets says the judges did not sit on the jury, did not hear the testimony of witnesses, or sit through several weeks of trial. They listened to one hour of argument and decided the jury was wrong and that it was alright to Tyson to have captive supplies to ensure a consistent supply for their processing plants even if does harm to producers. You know, as a cattle producer, I realize packers are a vital part of the beef industry, but it would be nicer to think of them as a part of the industry and not an adversary of producers. I'll be sure to tell you any decision if and when there is a round four. I'm Jeff Keane. Western Livestock Reporter 8/24/05