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WESTERN WHOLESALE LIQUOR CO. v. GIBSON WINE CO.

Civ. No. 72-5037.

372 F.Supp. 802 (1974)

In re WESTERN WHOLESALE LIQUOR COMPANY, a corporation, v. GIBSON WINE COMPANY, a corporation.

United States District Court, D. South Dakota.

February 20, 1974.

Attorney(s) appearing for the Case

Morton R. Wilkins, Jr., Rapid City, S. D., for Western Wholesale Liquor Co.

Joseph M. Butler, Rapid City, S. D., for Gibson Wine Co.

MEMORANDUM OPINION

BOGUE, District Judge.

This is an antitrust action which was tried to the Court on January 14, 1974. Plaintiff alleges that the defendant has violated Section 1 of the Sherman Antitrust Act, 15 U.S.C.A. § 1. The Plaintiff makes no claim for breach of contract or unfair competition herein.

The Gibson Wine Company, the defendant, is a California cooperative established by a group of grape farmers. In 1970 an agreement was reached...

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