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JOHN LENORE & CO. v. OLYMPIA BREWING CO.

No. 76-1640.

550 F.2d 495 (1977)

JOHN LENORE & COMPANY, Model Distributing Company, John P. Lenore and Robert E. Livingston, Plaintiffs-Appellants, v. OLYMPIA BREWING COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 17, 1977.

Attorney(s) appearing for the Case

James O. Sullivan, Christopher Q. Britton and Janeen Kerper, Sullivan, Jones & Archer, San Diego, Cal., argued, for plaintiffs-appellants.

Lee R. Rydalch, Robert G. Steiner, Luce, Forward, Hamilton & Scripps, San Diego, Cal., argued, for defendant-appellee.

Before TRASK and ANDERSON, Circuit Judges, and TAKASUGI, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

This is an interlocutory appeal under 28 U.S.C. § 1292(b) in a lawsuit arising out of the acquisition of certain assets of the Theodore Hamm Company by Olympia Brewing Company and the subsequent termination by Olympia of the former wholesale distributors of Hamm's brand beer.

ISSUE

Does a former beer distributor have standing under Sections 4 and 7 of the Clayton Act [15 U.S.C. §§ 15 and 18] to sue...

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