Growers push for decision Berry parties need high court action

Wild blueberry growers and two processors are urging the state’s highest court to speed up action on their price-fixing settlement, which is still under appeal.

Attorneys for Maine’s 500 growers, who brought a class action suit four years ago this week, and attorneys representing Jasper Wyman & Son of Milbridge and Cherryfield Foods Inc. asked the Maine Supreme Judicial Court earlier this week to send their case back to Superior Court in Rockland.

Wyman and Cherryfield settled with the growers out of court, but the settlement can’t take effect immediately.

That’s because the Superior Court decision last November was appealed to the court in Portland, and it has to be formally sent back to Superior Court Justice Joseph Jabar for the settlement to move forward.

And the 2004 growing season looms.

Complicating matters is that a third processor, Allen’s Blueberry Freezer of Ellsworth, continues to pursue an appeal of the $56 million verdict.

The justices of the high court had not, as of Thursday, rendered an opinion on Allen’s appeal after a Feb. 13 hearing. Many in the industry had expected an opinion before Feb. 20, when liens to secure the award would go into effect.

Wyman and Cherryfield were found guilty alongside Allen last November of price fixing. The two processors reached an agreement on Feb. 12 to settle for $4 million.

“The two primary grounds for expediting this appeal have been eliminated, or at least greatly reduced,” the attorneys wrote in their memo to the court. “Concluding the settlements will ensure that the industry will survive, no matter how the appeal itself is ultimately resolved.”

Still ahead – unless the court grants this motion – is a March 11 date at the state supreme court. That is the second part of Allen’s appeal, which possibly could address throwing out the entire case.

All parties, aside from Allen’s, would rather see an order from the supreme court sending the settlement back to Superior Court, and any further hearing on the case be suspended until the settlement for Wyman’s and Cherryfield is approved.