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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Concentration of Agricultural Markets

February 2005
Mary Hendrickson and William Heffernan
Department of Rural Sociology -- University of Missouri
Columbia, MO 65211 (573)882-3776

CR4 is the concentration ratio (relative to 100%) of the top four firms in a specific food industry. BEEF PACKERS CR4 = 83.5%*

  1. Tyson (formerly IBP Inc.)
  2. Cargill (Excel)
  3. Swift & Co.
  4. National Beef Packing Co.

Source: *Cattle Buyer’s Weekly: Steer & Heifer Slaughter reported in Feedstuffs 6/16/03. Note: Smithfield Foods is the 5th largest beef packer after a series of recent acquisitions.

Beef Feedlots

One-time Capacity

  1. Cactus Feeders Inc. 500,000
  2. ContiBeef LLC 450,000
  3. ConAgra Cattle Feeding Co. 440,000
  4. Caprock Cattle Feeders 290,000

Source: Feedstuffs 9/17/03

Pork Packers CR4 = 64%*

  1. Smithfield Foods
  2. Tyson Foods (formerly IBP Inc.)
  3. Swift & Co.
  4. Hormel Foods

Source: *Feedstuffs 9/22/03 (includes the Smithfield acquisition of Farmland Foods) Note: Including Cargill (Excel) and Premium Standard Farms creates a CR6=77%.

Pork Production CR4 = 49%*

Number of Sows*

  1. Smithfield Foods 825,000
  2. Premium Standard Farms 225,000
  3. Seaboard Corporation 213,600
  4. Prestage Farms 129,000

Source: * Successful Farming Pork Powerhouses (October 2003)

Broilers CR4 = 56%*

  1. Tyson Foods
  2. Pilgrim’s Pride
  3. Gold Kist
  4. Perdue

Source: *Feedstuffs 12/1/03

Turkeys CR4 = 51%*

  1. Cargill Turkey Products
  2. Hormel Foods (Jennie-O Turkey Store)
  3. ConAgra (Butterball Turkey Co.)
  4. Carolina Turkeys

Source: *National Turkey Federation (2003)

Animal Feed Plants CR4 = 34%* Annual Capacity*

  1. Land O’Lakes LLC/Purina Mills 12.5 million tons
  2. Cargill Animal Nutrition (Nutrena) 9.0 million tons
  3. ADM Alliance Nutrition 3.2 million tons
  4. J.D. Heiskell & Co. 2.8 million tons

Source: *Feedstuffs 3/1/04 and Feedstuffs Reference Issue 2003 ** If the U.S. total production is 80 million tons as it was in 1999 (Census of Manufacturing 1999)

Flour Milling CR4 = 63%**

Daily Milling Capacity*

  1. Cargill/CHS (Horizon Milling) 293,000 cwts
  2. ADM 288,800 cwts
  3. ConAgra 250,100 cwts
  4. Cereal Food Processors 93,100 cwts

Source: * Milling and Baking News 9/7/04 ** Total US 24-Hour Milling Capacity is 1,477,000 cwts (Milling and Baking News 3/2/04)

Soybean Crushing CR4 = unknown

  1. ADM
  2. Bunge CR3=71%*
  3. Cargill
  4. Ag Processing Inc.

Source: *Wall Street Journal 7/22/02

Ethanol Production CR4 = 41%

Million Gallons Per Year

  1. ADM 1070
  2. Cargill 128
  3. Aventine Renewable Energy Inc. 100
  4. VeraSun Energy Corporation 100

Source: Note: Farmer owned ethanol plants accounted for 1.276 billion gallons per year or 37.3% of total capacity.

Dairy Processors

Annual Sales*

  1. Dean Foods $8,260 Million
  2. Kraft Foods (Majority owner is Philip Morris) $4,300 Million
  3. Land O’Lakes $2,969 Million
  4. Schreiber Foods, Inc.** $2,200 Million

Source: *Dairy Foods: Dairy 100 (2004)

Notes: ** Saputo Inc. actually is listed as the number four processor in North America, but over 70% of its plants are in Canada. Dairy Farmers of America has slipped out of the top four processors with sales of $1,392 Million. However, DFA also owns 50% of the sixth largest firm, National Dairy Holdings, which at the time of the merger of Dean and Suiza acquired the joint holdings of DFA and Suiza. Dean controls 30% of the fluid milk market in the United States (Feedstuffs 1/19/04). DFA produces 33% of the US milk supply (Hoover’s Company Profiles, 9/1/04).

Input Market Notes

Monsanto and Pioneer control 60% of the U.S. corn and soybean seed market, which is estimated at $5 billion. (New York Times, 1/6/04).

Mosaic, created by a merger between Cargill and ICM with Cargill owning 67% of the new company, will produce 14.4% of the world’s phosphate, and 15.5% of the world’s potash. (Chemical Week Associates 2/4/04) With this merger, the International Fertilizer Development Center estimates the company will have 50-60% share of the U.S. fertilizer market. (Feedstuffs 2/4/04)

Global Phosphate, Nitrogen, Potash and Feed Phosphate Fertilizer Companies

  1. Yara (Hydro Agri) $4.9 Billion
  2. Mosaic (Cargill owns 67% with ICM owning 33%) $4.1 Billion
  3. PCS $2.6 Billion
  4. Agrium $2.4 Billion
  5. Terra (Does not include acquisition of Mississippi Chemical) $1.3 Billion

Source: Feedstuffs 9/6/04

Food Retailing CR5 = 46%*

Supermarket Grocery Sales*

  1. Wal-Mart Stores $66.465 Billion
  2. Kroger Co. 46.315 Billion
  3. Albertsons, Inc. 31.962 Billion
  4. Safeway, Inc. 29.572 Billion
  5. Ahold USA, Inc. 25.105 Billion

Source: * Progressive Grocer’s Super 50 (5/1/04) Progressive Grocer reports only grocery sales from supermarkets, and does not report general merchandise, drug or convenience sales. In the 4/15/04 issue, it reported that total 2003 supermarket sales were $432.8 Billion in the US.

World's Top Grocery Retailers 2004

  1. Wal-Mart Stores (United States) $244.5 billion annual sales
  2. Carrefour (France) $64.7
  3. Ahold (The Netherlands) $59.2
  4. Kroger (United States) $51.8
  5. Metro (Germany) $48.5
  6. Tesco (United Kingdom) $39.5
  7. Costco (United States) $38.0
  8. Albertsons (United States) $35.6
  9. Rewe (Germany) $35.2
  10. Aldi (Germany) $33.7

Source: Supermarket News 12/29/03

Top Food Processing Companies

Company (Fiscal year in parentheses if different from calendar year) 2003 Food Sales ($ millions) 2002 Food Sales ($ millions)

  1. Kraft Foods Inc. 21,907 21,485
  2. Tyson Foods Inc. (9/27/03) 21,894 21,285
  3. Pepsico Inc. 18,293 17,363
  4. ConAgra Foods Inc. (5/25/03) 16,927 22,521
  5. Nestle (US & Canada) 13,798 13,110
  6. Anheuser-Busch Cos. Inc. 10,984 10,574
  7. Mars Inc. 10,000 9,300
  8. Sara Lee Corp. (6/28/03) 9,778 9,219
  9. General Mills (5/30/04) 9,520 9,206
  10. Dean Foods Co. 9,185 8,992

Source: Food Processing, Vol. 65(8), August 2004.

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