Jury finds Oakhurst monopolized market

AUGUSTA — A Superior Court jury on Tuesday found that Oakhurst Dairy had monopolized part of the milk market by forcing a small Benton dairy out of business. The dairy was awarded nearly $1.8 million.

After two weeks of testimony and nearly six hours of deliberations, the jury returned with a six-count verdict against Oakhurst, which is based in Portland.

William Robitzek, the lawyer for Fitzpatrick’s Dairy, said after the verdict, “We’re elated.”

Oakhurst lawyer Ernest Babcock declined to comment on the decision and would not say whether the company planned to appeal.

Fitzpatrick’s Dairy filed the lawsuit after it had gone bankrupt in 1988.

Manager James Fitzpatrick claimed that Oakhurst President Stanley Bennett had entered into a contract to process and package milk under Fitzpatrick’s labels. As part of the deal, Fitzpatrick’s Dairy agreed to distribute Oakhurst milk in the Benton area, according to testimony.

Fitzpatrick claimed Oakhurst never really intended to sustain the contract but instead applied increasing pressure on Fitzpatrick and forced the dairy out of business so that Oakhurst could monopolize that portion of the milk market.

Robitzek said during the trial that Oakhurst had bought two other dairies and had offered to buy Fitzpatrick’s shortly before negotiating the contract with the Benton dairy.