Boccardo

James F. Boccardo and others appeal from judgments dismissing an antitrust action brought by them against Safeway Stores, Inc. and others, respondents in this appeal.

Boccardo and many cattlemen and feed lot operators sued respondents, operators of retail food chain stores, in the United States District Court (Northern District of California) (Boccardo I). Seeking damages under section 4 of the Clayton Act ( 15 U.S.C. § 15 ), plaintiffs-appellants charged that respondents combined to fix at artificially low levels the price at which beef is purchased from meat packers, and ultimately from cattle ranchers and feeders. (See In re Beef Industry Antitrust Litigation (5th Cir. 1979) 600 F.2d 1148, 1153 , cert. den. 449 U.S. 905 [ 66 L.Ed.2d 137 , 101 S.Ct. 280 ].) The Judicial Panel on Multidistrict Litigation consolidated this federal lawsuit with seven other lawsuits commenced in six other federal districts, and transferred all the cases to the United States District Court for the Northern District of Texas. (See In re Beef Industry Antitrust Litigation (J.P.M.L. 1976) 419 F.Supp. 720 .)

The district court dismissed all the consolidated actions with prejudice for failure…