Estate of William Le Baron, Sr. v. Rohm and Haas Company, and Monsanto Company

This private treble damage anti-trust action is here for the second time. See Estate of Le Baron, Sr., et al. v. Rohm and Haas Company and Monsanto Company, 441 F.2d 575 (9th Cir. 1971). The issue presented is a further evolvement of the evidentiary question addressed in the first appeal.

In accordance with the directions given in our prior opinion, the district court, upon remand of the proceedings, permitted plaintiff rice growers full discovery of the cost and profit data for Stam and Rogue, trade names of defendants Rohm and Haas, and Monsanto, respectively, for the herbicide propanil. The district court, in addition, permitted full discovery of the cost and profit data for a large number of other agricultural chemicals manufactured and sold by defendants.

In accordance with the procedures outlined in our prior opinion, the district court also held a hearing to determine the admissibility of the evidence offered by plaintiffs as a result of this discovery. The district court determined that the tendered evidence is inadmissible, and re-entered judgment in favor of defendants. Thereafter, the district court denied plaintiffs’ motion for reconsideration, whereupon…