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CLAUSEN & SONS, INC. v. THEO. HAMM BREWING CO.

No. 19053.

395 F.2d 388 (1968)

CLAUSEN & SONS, INC., a Minnesota Corporation, Appellant, v. THEO. HAMM BREWING CO., a Minnesota Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

May 31, 1968.

Attorney(s) appearing for the Case

Elliot S. Kaplan, of Robins, Davis & Lyons, Minneapolis, Minn., for appellant; M. Arnold Lyons and Sidney Kaplan, on the brief.

Lawrence J. Hayes, of Maun, Hazel, Green, Hayes, Simon & Aretz, St. Paul, Minn., for appellee; Joseph A. Maun and John A. Murray, on the brief.

Before VOGEL, Senior Circuit Judge, LAY, Circuit Judge, and BECKER, District Judge.

LAY, Circuit Judge.

Clausen & Sons brings a suit in two counts against Theo. Hamm Brewing Co. Count I relates to a treble damage action based upon the Sherman Act §§ 1 and 2 (15 U.S.C. §§ 1 and 2) and the Clayton Act, §§ 2 and 3 (15 U.S.C. §§ 13 and 14). Count II, with which we are concerned here, relates to an alleged breach of contract. Hamm sought a summary judgment dismissal of both counts under Fed.R.Civ.P. 56. The...

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