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

Nos. 22162, 22162-A, 22162-B.

416 F.2d 71 (1969)

JOSEPH E. SEAGRAM AND SONS, INC., and The House of Seagram, Inc., Appellants, v. HAWAIIAN OKE AND LIQUORS, LTD., Appellee. McKESSON AND ROBBINS, INC., Appellant, v. HAWAIIAN OKE AND LIQUORS, LTD., Appellee. BARTON DISTILLING COMPANY, Appellant, v. HAWAIIAN OKE AND LIQUORS, LTD., Appellee.

United States Court of Appeals Ninth Circuit.

September 8, 1969.

Attorney(s) appearing for the Case

J. Garner Anthony (argued) of Robertson, Castle & Anthony, Honolulu, Hawaii; White & Case, New York City, for Joseph E. Seagram & Sons, and The House of Seagram Inc.

Martin Anderson (argued) of Anderson, Wrenn & Jenks, Honolulu, Hawaii, for McKesson & Robbins.

Herbert Y. C. Choy (argued) of Fong, Miho, Choy & Robinson, Honolulu, Hawaii, for Barton Distilling & Barton Western Distilling Co.

Fred R. Mardell, Chicago, Ill., for Barton.

Maxwell M. Blecher (argued), Joseph L. Alioto, Peter J. Donnici, San Francisco, Cal., Vernon F. L. Char (argued) of Damon, Shigekane & Char, Honolulu, Hawaii, for appellee.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges

DUNIWAY, Circuit Judge:

This is an antitrust suit for treble damages, brought under 15 U.S.C. § 15. The case was tried to a jury. Plaintiff recovered a judgment against all defendants for $65,000, trebled, plus $50,000 attorneys' fees and costs, a total of $246,938.54. Defendants appeal. We reverse.

While the complaint charged that the defendants had violated sections 1 and 2 of the Sherman Act (15 U.S.C. §§ 1, 2), the section 2 charge was dropped...

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