Apr. 11--A lawsuit accusing the U.S. chocolate industry of price fixing will be put on hold until the defendants can appeal a federal judge's decision not to throw the suit out.

In a memorandum issued Wednesday, U.S. District Judge Christopher C. Conner allowed defendants, which include The Hershey Co., to appeal his decision to the Third Circuit Court of Appeals. However, Conner ruled that the parties can continue discovery while the appeal is pending.

Conner ruled last month that the plaintiffs provided enough evidence to allow claims of antitrust violations to proceed and granted them additional time to tie in the actions of the companies' foreign subsidiaries to the jurisdiction of U.S. courts.

The 87 class-action suits filed across the country were consolidated in Pennsylvania's U.S. Middle District Court because of Hershey's headquarters in the area.

The lawsuits against Hershey, Mars, Cadbury and Nestle, which collectively control 75 percent of the chocolate market in the U.S., allege the companies conspired to raise chocolate candy prices by about 10 percent in December 2002, 6 percent in December 2004, and 5 percent in April 2007.

PETE SHELLEM: 255-8156 or pshellem@patriot-news.com

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