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Oregon judge blocks merger of Kroger and Albertsons

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Oregon judge blocks merger of Kroger and Albertsons


The Hawthorne Fred Meyer store is pictured in Portland, Ore., Monday, Sept. 23, 2019.

Kate Davidson / OPB

Judges in Oregon and Washington separately blocked a $24.6 billion merger of Kroger and Albertsons on Tuesday. Both rulings found that if the two grocery chains were allowed to merge it would significantly curb competition.

In a 71-page order, U.S. District Court Judge Adrienne Nelson found the “evidence shows that defendants engage in substantial head-to-head competition and the proposed merger would remove that competition. As a result, the proposed merger is likely to lead to unilateral competitive effects and is presumptively unlawful.”

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The preliminary injunction, which comes after a three-week hearing that concluded in Portland last September, is a win for the Federal Trade Commission along with seven states – including Oregon – and the District of Columbia who sued to block the merger in February. In its lawsuit, the commission asked Nelson to block the deal until an in-house administrative judge at the FTC could consider the merger’s implications.

The deal was also separately blocked by a state court judge in Washington Tuesday.

Despite the rulings, there’s still a chance that the deal could go through. In the Pacific Northwest, Kroger operates Fred Meyers and QFC stores, and Albertsons operates its own branded supermarkets as well as Safeway stores.

“The fierce competition between these two grocery giants has benefited millions of American consumers through lower prices for food and household essentials,” the FTC and states wrote in their lawsuit. “If allowed to proceed, the proposed acquisition would destroy this competition, likely making it more expensive for millions of families to put food on the table.”

In response, Kroger argued the lawsuit was “willfully blind to the realities of current grocery competition” and said the FTC’s “view of the relevant market lacks any basis in the real world.” The grocer argued the merger would allow the company to compete nationally on a scale with retail giants such as Costco, Walmart and Amazon.

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In its testimony in Portland, Albertsons warned Nelson that it might have to lay off workers, close stores and even exit some markets if the merger weren’t allowed to proceed. Together, the companies employ around 710,000 people.

Kroger and Albertsons announced plans to merge in October 2022.

According to the filing in Oregon, Kroger operates 2,700 stores across 35 states and D.C. This includes Fred Meyer, which has 51 stores in Oregon and 59 in Washington. Albertsons operates 2,269 stores in 34 states and D.C., including 283 Safeway stores in the Pacific Northwest.

As part of the proposal, Kroger said they would spin off nearly 600 stores in places where their locations overlap.

But Nelson said even that caveat wouldn’t sufficiently address the concern that the merger stifles competition. “There is ample evidence that the divestiture is not sufficient in scale to adequately compete” with a merged Kroger-Albertsons, she wrote.

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The ruling is a major decision for Nelson, who was confirmed to the federal bench less than a year ago after a lengthy and distinguished legal career in Oregon.

Henry Liu, director of the FTC’s bureau of competition, called the ruling a win and not just for consumers.

“This is also a victory for thousands of hardworking union employees, protecting their hard-earned paychecks by ensuring Kroger and Albertsons continue to compete for workers through higher wages, better benefits, and improved working conditions,” Liu said in a statement.

Outgoing Oregon Attorney General Ellen Rosenblum, a Democrat, whose agency helped litigate the case, said the decision will help keep competition.

“Judge Nelson’s ruling confirms our argument that the proposed merger would be harmful to consumers and workers alike,” Rosenblum said in a statement.

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Sen. Ron Wyden, D-Oregon, the outgoing chair of the Senate Finance Committee, welcomed the ruling and said it blocked an “ill-conceived consolidation.”

“I’m glad the court has shelved this monster deal because in addition to raising grocery prices for shoppers already tiptoeing on an economic tightrope, it would have made it that much harder for Oregonians to find a pharmacy and for workers at both supermarket chains to seek fairer wages and better working conditions,” Wyden said in a statement.

The Associated Press contributed to this story.



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Oregon Receiver Evan Stewart Shocked That Ducks Are ‘More Physical’ Than SEC’s Texas A&M [EXCLUSIVE]

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Oregon Receiver Evan Stewart Shocked That Ducks Are ‘More Physical’ Than SEC’s Texas A&M [EXCLUSIVE]


Oregon Ducks wide receiver Evan Stewart is undoubtedly acrobatic with a unique perspective as a transfer and a top Name, Image, Likeness (NIL) player in college football.

Oregon Ducks on SI talked with Stewart about his newest NIL partnership, his emotions after winning the Big Ten Conference Championship, how Oregon compares to Texas A&M and the SEC, his NFL Draft goals and addressed how the Ducks can win the Rose Bowl and College Football Playoff.

The experience watching the championship confetti fall after beating the Penn State Nittany Lions in a thrilling 45-37 victory in the Big Ten Conference championship was unlike anything that the star wide receiver has ever experienced in his life. Stewart mentioned that he has never won anything before at that magnitude.

“I was kind of twisted between feelings because I’ve never won before. I was like where’s the confetti? And really, I was just standing there soaking in the moment. I was thinking about the fact that that wasn’t the last game. It was a quick celebration and as coach Lanning says, we’re trying to celebrate afterwards for three to four days.”

– Oregon wide receiver Evan Stewart

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Oregon Ducks wide receiver Evan Stewart (7) rushes with the football

Nov 16, 2024; Madison, Wisconsin, USA; Oregon Ducks wide receiver Evan Stewart (7) rushes with the football in front of Wisconsin Badgers cornerback Ricardo Hallman (2) after catching a pass during the fourth quarter at Camp Randall Stadium. Mandatory Credit: Jeff Hanisch-Imagn Images / Jeff Hanisch-Imagn Images

Texas A&M at College Station and the University of Oregon in Eugene couldn’t be more two completely different places. When asked about what the biggest difference in culture between the schools is, Stewart pointed out that the physicality of Oregon is more intense than the SEC’s Texas A&M.

“For the football side of things, A&M is SEC ball. Like South ball. Out here, with it being a West Coast vibe, a lot of stuff is more laid back but they both got a common factor of physicality. Coming out here to Oregon, things are way more physical than what they were at A&M during my time there. And that was a big shock.”

– Oregon wide receiver Evan Stewart

“As for the living situation, it’s College Station. You’re right down the street from Houston. You don’t go to Dallas too far, Austin. You got Northgate. It’s a bunch of community and opportunities to meet new people. Out here in Oregon, not too much to do. You go win a game, you go home, you’re happy about it. Things are much more relaxed.”

– Oregon wide receiver Evan Stewart

MORE: Oregon Ducks’ Jaxson Jones Enters Transfer Portal Before College Football Playoff

MORE: Tampa Bay Buccaneers Coach Todd Bowles Gives Bucky Irving Injury Update

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MORE: Heisman Trophy Finalists: Dillon Gabriel, Ashton Jeanty, Travis Hunter, Cam Ward

Stewart recently signed an NIL deal with Mountain Dew and 7-Eleven to promote their Blue Shock Slurpee. In celebration of the nostalgic flavor, Stewart along with five other college football athletes formed the “Mountain Dew Blue Shock Slurpee Squad” to drive excitement around tailgating and gameday this college and professional football season.

Stewart mentioned that he’s a true Mountain Dew Blue Shock Slurpee fan and has been frequenting 7-Eleven throughout the season. He will continue to do so during the holidays while the drink is still available. When asked what the craziest thing that he’s spent his NIL money on, he brought up his new car.

“I haven’t been spending much. A lot of saving for me but I’d probably say my car. One of my cars got stolen while I was at Texas A&M so I had to go buy a new one. It’s an AMG GLE 63S Mercedes which was my dream car growing up.”

– Oregon wide receiver Evan Stewart

Oregon coach Dan Lanning has a lot of talent across the offensive board but Stewart’s speed, especially right off the snap, plus his ability at the wideout position to catch 50/50 balls is special. Despite the plethora of different offensive threats that the Ducks possess, he continues to find ways to make himself stand out.

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“As you said, our team is pretty good. It’s not like you just need that one person to keep making this play or this one person to make that play. Everybody is either going to have their days or somebody new is going to have their days. I’m just playing my role.”

– Oregon wide receiver Evan Stewart

In his junior campaign, Stewart has totaled 613 passing yards and caught five touchdowns on 48 receptions. He gives a ton of credit for his success with the work that was put in during the offseason.

“My hands weren’t as assured at A&M, if that makes sense. I had a couple of dropped passes in the past couple of seasons, balls I shouldn’t have dropped. That was definitely one of the things I keyed in on this offseason. My hands, my hand-eye coordination, the placement of how I catch the ball and secure it. Seeing it all the way to the tuck. We’re seeing the difference this season.”

– Oregon wide receiver Evan Stewart

Stewart has dreams of playing the NFL in the future and knows he’s not perfect. If a scout were to ask him what one part of his game that needs to improve upon in order to succeed at the next level, Stewart would say that he needs to continue to get stronger and live in the weight room.

“I would say my strength. I’m talking on multiple levels. Like with the run game since coaches like people that can block. In the NFL, everybody’s not the same size. You got Fred Warner’s walking around. Defensive backs get bigger too. You got the Jalen Ramsey’s. Just being stronger in the play style, with running routes, breaking tackles.”

– Oregon wide receiver Evan Stewart

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Stewart and the Ducks now await the winner of the No. 9 Tennessee Volunteers vs. the No. 8 Ohio State Buckeyes which will take place in Columbus on Saturday, Dec. 21 at 5. p.m. PT. The Rose Bowl Game is set for Wednesday, Jan. 1st at 2 p.m. PT.

Stewart addressed what it’s going to take to continue Oregon’s winning ways throughout the College Football Playoff.

“Everybody’s best. Especially with a bunch of transfers and a bunch of seniors. A lot of people haven’t been this far. Everybody is about to take their first steps in the water that is the College Football Playoff. As long as we have the same mindset just like we did going into every week this season, then we’re gonna give our best 60 minutes of football every single game.”

– Oregon wide receiver Evan Stewart

MORE: Joel Klatt Rips Selection Committee: ‘Horrendous Job’ With Oregon Ducks Playoff Path

MORE: Nick Saban Asks Oregon Ducks’ Dan Lanning About Rat Poison: College Football Playoff

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MORE: Heisman Trophy Finalists: Travis Hunter, Ashton Jeanty, Dillon Gabriel Odds

MORE: Los Angeles Chargers’ Justin Herbert Injured vs. Kansas City Chiefs



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Oregon Ducks’ Rose Bowl Broadcast Team Announced: Kirk Herbstreit?

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Oregon Ducks’ Rose Bowl Broadcast Team Announced: Kirk Herbstreit?


As the No. 1 Oregon Ducks await their opponent in the Rose Bowl Game in the College Football Playoff, ESPN revealed that Kirk Herbstreit and Christ Fowler will be in the broadcast booth for the Ducks’ game on New Year’s Day. Hebstreit and Fowler will be joined by sideline reporter Holly Rowe.

The 2025 Rose Bowl will be Herbstreit’s 17th year calling the game, and no other analyst has done so more times. In fact, the broadcast booth in the stadium has been named after Herbstreit, and the ESPN analyst is a member of the Rose Bowl Hall of Fame.

Kirk Herbstreit on the ESPN College Gameday set at the 2024 Rose Bowl college football playoff semifinal game at Rose Bowl.

Jan 1, 2024; Pasadena, CA, USA; Kirk Herbstreit on the ESPN College Gameday set at the 2024 Rose Bowl college football playoff semifinal game at Rose Bowl. / Kirby Lee-Imagn Images

Before the Ducks play in the Rose Bowl, the No. 8 Ohio State Buckeyes and No. 9 Tennessee Volunteers will face off in Columbus, Ohio. The winner gets a trip to Pasadena, facing Oregon in the Rose Bowl.

ESPN’s team of Herbstreit, Fowler, and Rowe will also be broadcasting the first round game between Ohio State and Tennessee on Dec. 21 at 5 p.m. PT.

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Lanning spoke with the media about the opportunity to play in the Rose Bowl and Oregon’s connection to the game as a former Pac-12 school winning the Big Ten Championship in their first year as members of the conference.

Lanning spoke with the media about the opportunity to play in the Rose Bowl and Oregon’s connection to the game as a former Pac-12 school winning the Big Ten in their first year as members of the conference.

MORE: Oregon Ducks’ Jaxson Jones Enters Transfer Portal Before College Football Playoff

MORE: Tampa Bay Buccaneers Coach Todd Bowles Gives Bucky Irving Injury Update

MORE: Joel Klatt Rips Selection Committee: ‘Horrendous Job’ With Oregon Ducks Playoff Path

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Lanning spoke with the media about the opportunity to play in the Rose Bowl and Oregon’s connection to the game as a former Pac-12 school winning the Big Ten in their first year as members of the conference.

“Being on this side of the country, this is a game you dream of the opportunity to coach in. This is one of the ones that I haven’t gotten to do yet. It’s certainly a thrill for me,” said Lanning. “Phil [Knight] has always told me his number one goal is ‘Can we get to the Rose Bowl?’ So, I’m extremely ecstatic that our team gets to be a part of such a historic game, the Granddaddy of Them All.”

Despite holding the No. 1 overall seed in the playoff bracket, one could argue that Ducks have one of the more difficult routes to the national championship. Oregon coach Dan Lanning isn’t concerned, however.

“The end-all goal, you’re gonna get to face some unbelievable teams in that process,” said Lanning. “So, I’m excited that we get to play against great competition. That’s what playoff moments are about.”

Oregon Ducks head coach Dan Lanning and the Oregon Ducks celebrate defeating the Penn State Nittany Lions to win the Big Ten

Dec 7, 2024; Indianapolis, IN, USA; Oregon Ducks head coach Dan Lanning and the Oregon Ducks celebrate defeating the Penn State Nittany Lions to win the Big Ten Championship in the 2024 Big Ten Championship game at Lucas Oil Stadium. / Jordan Prather-Imagn Images

In addition to hosting ESPN’s primetime broadcast team, the Rose Bowl has traditionally been the site of College GameDay for the build-up to the College Football Playoff. As a result, there will be a lot of eyes on Oregon.

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Before last season’s semifinal game between the Alabama Crimson Tide and Michigan Wolverines, the entire crew of Rece Davis, Desmond Howard, Pat McAfee, Kirk Herbstreit, and Lee Corso made the trip out to Pasadena.

The Oregon Ducks will play either the Ohio State Buckeyes or Tennessee Volunteers in the Rose Bowl Stadium on New Year’s Day at 2 p.m. PT.

MORE: Nick Saban Asks Oregon Ducks’ Dan Lanning About Rat Poison: College Football Playoff

MORE: Los Angeles Chargers’ Justin Herbert Injured vs. Kansas City Chiefs

MORE: Joel Klatt Rips Selection Committee: ‘Horrendous Job’ With Oregon Ducks Playoff Path

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AP All-Big Ten: Oregon's Gabriel, Penn State's Carter and Indiana's Cignetti take top honors

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AP All-Big Ten: Oregon's Gabriel, Penn State's Carter and Indiana's Cignetti take top honors


Oregon quarterback Dillon Gabriel is The Associated Press Big Ten offensive player of the year, Penn State edge rusher Abdul Carter is defensive player of the year and Indiana’s Curt Cignetti is coach of the year.

Iowa running back Kaleb Johnson and Penn State tight end Tyler Warren were unanimous first-team selections Tuesday by the voting panel of 21 media members who cover the conference.

The first team includes five players from Iowa, four from Ohio State and three each from conference champion Oregon and Indiana.

Repeat first-team selections are Minnesota offensive tackle Aireontae Ersery, Ohio State guard Donovan Jackson and Iowa linebacker Jay Higgins. Ohio State defensive end JT Tuimoloau, a first-team pick in 2022 and ’23, is on the second team.

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Gabriel, who transferred from Oklahoma in the offseason, led unbeaten and top-ranked Oregon to the Big Ten championship in its first year in the league. Gabriel averages 274 yards passing per game and has thrown for 28 touchdowns against six interceptions. His 73.2% completion rate is second in the nation.

Carter leads the Big Ten with 19.5 tackles for loss, and his 10 sacks are the most by a Penn State player since Carl Nassib had 15.5 in 2015.

Cignetti has orchestrated one of the great turnarounds of all time in his first season at Indiana. The Hoosiers, who won three games in 2023, have double-digit wins for the first time and will take an 11-1 record into their College Football Playoff first-round game at Notre Dame on Dec. 20.

Penn State defensive end Abdul Carter (11) prepares to sack Maryland quarterback MJ Morris, left, during the first quarter of an NCAA college football game, Saturday, Nov. 30, 2024, in State College, Pa. Credit: AP/Barry Reeger

Ohio State freshman Jeremiah Smith is newcomer of the year. He set school freshman records for receptions (57), yards (934), touchdown receptions (10) and 100-yard games (three).

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First-team offense

Wide receivers — Jeremiah Smith, Ohio State, freshman, 6-3, 215, Miami Gardens, Florida; Pat Bryant, Illinois, senior, 6-3, 200, Jacksonville, Florida; Tai Felton, Maryland, senior, 6-2, 186, Ashburn, Virginia.

Tackles — Aireontae Ersery, Minnesota, senior, 6-3, 330, Kansas City, Missouri; Josh Conerly Jr., Oregon, junior, 6-4, 315, Seattle.

Guards — Connor Colby, Iowa, senior, 6-6, 310, Cedar Rapids, Iowa; Donovan Jackson, Ohio State, senior, 6-4, 320, Cypress, Texas.

Indiana head coach Curt Cignetti watches from the sideline as...

Indiana head coach Curt Cignetti watches from the sideline as his team plays Michigan during the first half of an NCAA college football game in Bloomington, Ind., Saturday, Nov. 9, 2024. Credit: AP/AJ MAST

Center — Seth McLaughlin, Ohio State, graduate, 6-4, 305, Buford, Georgia.

Tight end — u-Tyler Warren, Penn State, senior, 6-6, 261, Mechanicsville, Virginia.

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Quarterback — Dillon Gabriel, Oregon, graduate, 6-0, 200, Mililani, Hawaii.

Running backs — u-Kaleb Johnson, Iowa, junior, 6-0, 225, Hamilton, Ohio; Kyle Monangai, Rutgers, senior, 5-9, 209, Roseland, New Jersey.

Kicker — Dominic Zvada, Michigan, junior, 6-3, 180, Chandler, Arizona.

All-purpose — Kaden Wetjen, Iowa, senior, 5-10, 196, Williamsburg, Iowa.

First-team defense

Edge rushers — Abdul Carter, Penn State, junior, 6-3, 252, Philadelphia; Mikail Kamara, Indiana, junior, 6-1, 265, Ashburn, Virginia.

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Interior linemen — Mason Graham, Michigan, junior, 6-3, 320, Mission Viejo, California; Derrick Harmon, Oregon, junior, 6-5, 310, Detroit.

Linebackers — Jay Higgins, Iowa, senior, 6-2, 232, Indianapolis; Aiden Fisher, Indiana, junior, 6-1, 233, Fredericksburg, Virginia; Carson Schwesinger, UCLA, junior, 6-2, 225, Moorpark, California.

Cornerbacks — D’Angelo Ponds, Indiana, sophomore, 5-9, 170, Miami; Xavier Scott, Illinois, junior, 5-11, 190, Riviera Beach, Florida.

Safeties — Caleb Downs, Ohio State, sophomore, 6-0, 205, Hoschton, Georgia; Koi Perich, Minnesota, freshman, 6-1, 200, Esko, Minnesota.

Defensive back — Sebastian Castro, Iowa, graduate, 5-11, 205, Oak Lawn, Illinois.

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Punter — Eddie Czaplicki, Southern California, senior, 6-1, 207, Charlotte, North Carolina.

Second-team offense

Wide receivers — Tez Johnson, Oregon, senior, 5-10, 165, Pinson, Alabama; Elijah Sarratt, Indiana, junior, 6-2, 209, Stafford, Virginia; Emeka Egbuka, Ohio State, graduate, 6-1, 205, Steilacoom, Washington.

Tackles — Gennings Dunker, Iowa, junior, 6-5, 316, Lena, Illinois; Hollin Pierce, Rutgers, senior, 6-8, 344, Trenton, New Jersey.

Guards — Emmanuel Pregnon, Southern California, senior, 6-5, 320, Denver; Olaivavega Ioane, Penn State, sophomore, 6-4, 348, Graham, Washington.

Center — Logan Jones, Iowa, senior, 6-3, 293, Council Bluffs, Iowa.

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Tight end — Colston Loveland, Michigan, junior, 6-5, 245, Gooding, Idaho.

Quarterback — Kurtis Rourke, Indiana, graduate, 6-5, 233, Oakville, Ontario.

Running backs — Jordan James, Oregon, junior, 5-10, 210, Nashville, Tennessee; Woody Marks, Southern California, senior, 5-10, 208, Atlanta.

Kicker — Jonathan Kim, Michigan State, graduate, 6-1, 227, Fredericksburg, Virginia.

All-purpose — Woody Marks, Southern California, senior, 5-10, 208, Atlanta.

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Second-team defense

Edge rushers — Matayo Uiagalelei, Oregon, sophomore, 6-5, 270, Bellflower, California; JT Tuimoloau, Ohio State, senior, 6-5, 269, Edgewood, Washington.

Interior linemen — Ty Robinson, Nebraska, senior, 6-6, 310, Gilbert, Arizona; Kenneth Grant, Michigan, junior, 6-3, 339, Gary, Indiana.

Linebackers — Cody Lindenberg, Minnesota, senior, 6-3, 240, Anoka, Minnesota; Bryce Boettcher, Oregon, senior, 6-2, 225, Eugene, Oregon; Kobe King, Penn State, junior, 6-1, 248, Detroit.

Cornerbacks — Jermari Harris, Iowa, graduate, 6-1, 189, Chicago; Will Johnson, Michigan, junior, 6-2, 202, Detroit.

Safeties — Jaylen Reed, Penn State, senior, 6-0, 212, Detroit; Lathan Ransom, Ohio State, graduate, 6-1, 210, Tucson, Arizona.

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Punter — Rhys Dakin, Iowa, freshman, 6-0, 222, Melbourne, Australia.

Individual honors

Offensive player of the year — Dillon Gabriel, Oregon.

Defensive player of the year — Abdul Carter, Penn State.

Coach of the year — Curt Cignetti, Indiana.

Newcomer of the year — Jeremiah Smith, Ohio State.

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___

AP All-Big Ten voting panel

Bob Asmussen, Champaign (Illinois) News-Gazette; Colten Bartholomew, Madison.com (Wisconsin); Bill Bender, The Sporting News; Frank Bodani, York (Pennsylvania) Daily Record; Angelique Chengelis, Detroit News; James Crepea, The Oregonian, Portland, Oregon; Scott Dochterman, The Athletic; Dave Eanet, WGN Radio, Chicago; George Gerbo, Washington Times; Andy Greder, St. Paul (Minnesota) Pioneer Press; Brenna Greene, KOIN-TV, Portland, Oregon; Zach Hanley, WISC-TV, Madison, Wisconsin; Amie Just, Lincoln (Nebraska) Journal Star; Stephen Means, Cleveland.com; Luke Mullin, Lincoln (Nebraska) Journal Star; Zach Osterman, Indianapolis Star; Jim Polzin, Madison.com (Wisconsin); Dylan Sinn, Fort Wayne (Indiana) Journal Gazette; John Steppe, Cedar Rapids (Iowa) Gazette; Darren Wolfson, KSTP-TV, St. Paul, Minnesota; Andy Yamashita, Seattle Times.



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