HAWAIIAN OKE & LIQUORS, LTD. v. JOSEPH E. SEAGRAM & SONS, INC.

Civ. No. 2418.

272 F.Supp. 915 (1967)

HAWAIIAN OKE & LIQUORS, LTD., Plaintiff, v. JOSEPH E. SEAGRAM AND SONS, INC., the House of Seagram, Inc., McKesson & Robbins, Inc., Barton Distilling Co., and Barton Western Distilling Co., Defendants.

United States District Court D. Hawaii.

July 24, 1967.


Attorney(s) appearing for the Case

Vernon F. L. Char, Damon & Shigekane, Honolulu, Hawaii, Joseph L. Alioto, Maxwell M. Blecher, San Francisco, Cal., for plaintiff.

J. Garner Anthony, Robertson, Castle & Anthony, Honolulu, Hawaii, Thomas Kiernan, White & Case, New York City, for defendants, Joseph E. Seagram and Sons, Inc. and The House of Seagram, Inc.

Martin Anderson, George W. Ashford, Jr., Anderson, Wrenn & Jenks, Honolulu, Hawaii, for defendant, McKesson and Robbins, Inc.

Herbert Y. C. Choy, Fong, Miho, Choy & Robinson, Honolulu, Hawaii, Fred R. Mardell, Chicago, Ill., for defendants, Barton Distilling Co. and Barton Western Distilling Co.


MEMORANDUM DECISION AND RULING ON PLAINTIFF'S REQUESTED INSTRUCTION NUMBER 36 CONCERNING POSSIBLE INTRACORPORATE CONSPIRACY

MARTIN PENCE, Chief Judge.

Plaintiff Hawaiian Oke & Liquors, Ltd. (Hawaiian Oke) brought this action to recover treble damages under Section 4 of the Clayton Act (Title 15 U.S.C. § 15) for injury allegedly resulting from defendants' violations of the antitrust laws. Hawaiian Oke contended it was damaged by a "combination * *...

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