152789P.pdf   06/23/2017  Morgan Larson  v.  Ferrellgas Partners
   U.S. Court of Appeals Case No:  15-2789
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, for the Court En Banc] 
   Civil case - Sherman Act. For the panel opinion in the matter, see In re 
   Pre-Filled Propane Tank Antitrust Litig., 834 F.3d 943 (8th Cir. 2016). In 
   this action by a group of direct purchasers who bought propane tanks from 
   defendants for resale, alleging defendants conspired to reduce the amount 
   of propane in the tanks while maintaining the price in violation of 
   Section 1 of the Sherman Act, the district court erred in dismissing the 
   claims as barred by the statute of limitations; under applicable law, each 
   sale to the plaintiffs in a price-fixing conspiracy starts the statutory 
   period running again, and plaintiffs' allegations of a price-fixing 
   conspiracy were sufficient to plead a continuing violation which restarted 
   the statute of limitations. Judge Shepherd, dissenting, joined by Judge 
   Wollman and Judge Loken; Judge Kelly joins portions of the dissent. 
  
152789P.pdf   08/25/2016  Morgan Larson  v.  Ferrellgas Partners
   U.S. Court of Appeals Case No:  15-2789
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Shepherd, Author, with Wollman and Benton, Circuit Judges] 
   Civil case - Antitrust. In action alleging defendants had acted in concert 
   to reduce the amount of propane placed in pre-filled propane exchange 
   tanks while maintaining the same price per tank, thus artificially 
   increasing the price of the tanks, the district court did not err in 
   finding plaintiffs' claims are barred by the four-year statute of 
   limitations provision in the Sherman Act. Judge Benton, dissenting.