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IN RE VITAMINS ANTITRUST LITIGATION

United States District Court, District of Columbia


January 8, 2003

IN RE: VITAMINS ANTITRUST LITIGATION, THIS DOCUMENT RELATES TO: BLUE SEAL FEEDS, INC., ET AL.,
v.
BASF AG, ET AL. CACTUS OPERATING, LTD., ET AL., V. BASE AG, ET AL., HORMEL FOODS CORPORATION, ET AL., V. BASE AG, ET AL., MARSHALL DURBIN FARMS, INC., ET AL., V. BASF AG, ET AL., PILGRIM'S PRIDE CORP. V. BIOPRODUCTS ET. AL., SOUTHERN STATES COOPERATIVE, INC., ET AL., V. BASE AG, ET AL., COUNTRYMARK COOPERATIVE, INC., ET AL., V. BASF AG, ET AL., DOMAIN, INC., V. BASE CORPORATION, ET AL., TYSON FOODS, INC., ET AL., V. BASE AG, ET AL.,

The opinion of the court was delivered by: Thomas F. Hogan, United States District Judge

STIPULATED ORDER OF DISMISSAL WITH PREJUDICE OF CLAIMS OF PLAINTIFFS AGAINST THE TAKEDA DEFENDANTS
Pursuant to Federal Rule of Civil Procedure 41(a), it is hereby stipulated and agreed that all claims in the above-captioned cases of the Plaintiffs listed in Exhibit A hereto (the "DSMO Plaintiffs") are dismissed with prejudice as against Defendants Takeda Chemical Industries, Ltd., Takeda Vitamin & Food USA, Inc. and Takeda U.S.A., Inc. This Stipulated Order is without prejudice to the DSMO Plaintiffs' claims against any other defendants or alleged co-conspirators in the above-captioned cases.

Exhibit A

Agri Beef Co. n/k/a Performix Nutrition Agri-King, Inc. Alabama Farmers Cooperative, Inc. Alan Ritchey, Inc. d/b/a Martindale Feed Mill Allen's Hatchery, Inc. Amistad Feeders, Inc. d/b/a Southwest Feed Yards Animal Nutrition Systems Animix, LLC Arkat Feed, Inc. B.C. Rogers Poultry, Inc. Benedict Feeding Co. Big Gain, Inc. Blair Milling & Elevator Co., Inc. Blue Seal Feeds, Inc. Branch Properties, Inc. d/b/a Seminole Feed and Seminole Stores Braswell Milling Company d/b/a Braswell Foods Cactus Operating, Ltd. (including Cactus Feeders, Inc.) Cagle's Farms, Inc. (including Cagle's Inc.) Cagle Foods JV, LLC d/b/a Cagle's Keystone Foods Cal-Maine Foods, Inc. Campbell Soup Company Case Foods, Inc. Cenex Harvest States Cooperatives Central Farm Supply, Inc. Central Industries, Inc. Choctaw Maid Farms, Inc. Chorney Chemical Company Circle S Ranch Cocanougher Feed Co., Inc. Coharie Farms (including Coharie Mill & Supply Co., Inc.) ContiGroup Companies, Inc. f/k/a Continental Grain Company Countrymark Cooperative, Inc. Dawe's, LLC (including Dawes, Inc.) DeKalb Feeds, Inc. Diamond Cross, LLC, as successor-in-interest to Diamond Cross, Inc. Domain, Inc. Eagle Milling Company, Inc. Eastern Minerals, Inc. (including SEM Minerals, LP) Evergreen Mills, Inc. (merged with and into Kent Feeds, Inc.) Farmers Feed & Supply Co. Farmland Industries, Inc. Fishbelt Feed, Inc. FORM-A-FEED, Inc. Friona Industries, LP Furst-McNess Co. Garland Farm Supply (including Garland Farm Supply, Inc.) General Nutrition Companies, Inc. n/k/a Nutricia Manufacturing USA, Inc. (including but not limited to General Nutrition Products, Inc. but not including Rexall Sundown and its subsidiaries, Koninklijke (Royal) Numico NV and its non-U.S. subsidiaries) George's Inc. George's Farms Inc. George's of Missouri, Inc. Gessel Feed Mill, Inc., including Gessel Feed, Inc. Global Health Sciences, Inc. d/b/a D&F Industries, Inc. and Oninipac Gold'n Plump Poultry, Inc. Golden Rod Feed Mill, Inc. Golden State Feeds, Inc., LLC, as successor-in-interest to Golden State Feeds, Inc. GROWMARK, Inc. Harrison Poultry, Inc. Hitch Pork Producers, Inc. Hitch Mills, Inc. Hormel Foods Corporation Indi-Bel, Inc. d/b/a Delta Western Integrated Grain & Milling International Nutrition, Inc. IVAX Pharmaceuticals, Inc. f/k/a Zenith Goldline Pharmaceuticals, Inc. J&J Dairy J&K Farms J.C. Howard Farms, LLC Jennie-O-Foods, Inc. Jerome Foods, Inc. d/b/a The Turkey Store Kalmbach Feeds, Inc. Keith Smith Company Kemin Industries, Inc. Kent Feeds, Inc. Kerber Milling Co. Kraft Foods North America, Inc. f/k/a Kraft Foods, Inc. Land O'Lakes, Inc. (but not including Nutra-Blend LLC to the extent any claims held by it predate June 30, 2000) Land O'Lakes, Inc./Harvest States Feeds, LLC (but not including Nutra-Blend LLC to the extent any claims held by it pre-date June 30, 2000) L.L. Murpbrey Co. M and M Poultry Farms Four, Inc. f/k/a L&K Enterprises (including K&L Feed Mills Corp.) Malt-O-Meal Company Mar-Jac Poultry, Inc. Marshall Durbin Farms, Inc. (including Marshall Durbin Companies) Marshall Minerals, Inc. (including SEM Minerals, LP) McClain Enterprises, Inc. MFA Incorporated Midwest PMS, Inc. Milbank Mills, Inc. Milk Specialties Co. Mission Pharmacal Company Moark Egg Corporation as successor in interest to Moark Productions, Inc. Moroni Feed Company Mountaire Farms, Inc. (including Mountaire Corporation) Mountaire Farms, LLC Naturalife Eco Vite Laboratories, Inc. d/b/a Paragon Laboratories N.G. Purvis Farms Norman W. Fries, Inc. d/b/a Claxton Poultry Farms North American Nutrition Companies, Inc., as successor-in-interest to Vigortone Ag Products. Inc. (including Vigortone Ag Products, Inc., but not including any subsidiaries or affiliates of Provimi S.A. other than Vigortone Ag Products, Inc. or Vigortone Ag Products' successor-in-interest) OK Farms, Inc. OK Industries, Inc. d/b/a OK Feed Mills Orangeburg Foods, Inc. Peco Farms, Inc. (including Peco Foods) Pennfield Corporation Pennfield Oil Co. d/b/a Pennfield Animal Health Performance Plus Liquids, Inc. Peterson Farms, Inc. Pilgrim's Pride Corporation of Virginia, Inc., the successor in interest to Wampler Foods, Inc. Pilgrim's Pride Corporation Premium Standard Farms, Inc. Prince Agriproducts, Inc. d/b/a Prince Agri Products, Inc. Producers Feed Company Pro-Pet, LLC Purina Mills, Inc. Quality Liquid Feeds, Inc., Rangen, Inc. Reitsma Dairy Renaissance Nutrition, Inc. R.P. Scherer Corporation S-I, LLC, as successor-in-interest to Rocco Farms, Inc. (including Rocco Enterprises, Inc. and Rocco Farms, Inc.) Sanderson Farms, Inc. Schell & Kampeter, Inc. d/b/a Diamond Pet Foods Schreiber Foods, Inc. Seaboard Corporation Simmons Foods, Inc. SmithKline Beecham Corporation Southeastern Minerals, Inc. (including SEM Minerals, LP) Southern States Cooperative, Inc. Sparboe Agricultural Corporation Standard Nutrition Co. f/k/a Standard Manufacturing Co. Star Milling Co. Sunshine Mills, Inc. Sylvest Farms, Inc. T.C. Products Co., Inc. Tennessee Farmers Cooperative The Quaker Oats Company Thomas Products, LLC, as successor-in-interest to Thomas Products, Inc. Titan Supply Company (including Titan Supply Inc.) Townsends Inc. Tyson Chicken, Inc. f/k/a Hudson Foods, Inc. Tyson Foods, Inc. United Feeds, Inc. Universal Cooperatives, Inc. Viking Feed Service, Inc. Vita-Key, LLC Vita Plus Corporation VitaQuest International, Inc. f/k/a Garden State Nutritionals, Inc. (including Vitaquest, Inc.) Vita Tech International, Inc. Watkins, Incorporated W.B. Fleming Co. Welch Foods, Inc., A Cooperative Wenger's Feed Mill, Inc. Westway Holding Corporation (including E.D. & F. Man, Inc.) & Westway Trading Corp. Willmar Poultry Farms, Inc. Willmar Poultry Company, Inc. Zacky Farms, LLC, a California limited liability company, as successor-in-interest to Zacky Farms, a California corporation Zephyr Egg Co.

20030108

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