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POLLOCK & RILEY, INC. v. PEARL BREWING COMPANY

Nos. 73-3771, 74-1661.

498 F.2d 1240 (1974)

POLLOCK & RILEY, INC., Plaintiff-Appellee, v. PEARL BREWING COMPANY, Defendant-Appellant. W. H. WOOD, Plaintiff-Appellant, v. GULF OIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 22, 1974.

Attorney(s) appearing for the Case

Keith E. Kaiser, J. Burleson Smith, San Antonio, Tex., for Pearl Brewing Co.

James R. Warncke, John Oliver, San Antonio, Tex., for Pollock & Riley, Inc.

Jack N. Price, Longview, Tex., Allen Moore, Odessa, Tex., Charles M. McDonald, Waco, Tex., for Wood.

W. B. Edwards, William F. Erwin, Jr., Catherine C. McCulley, Houston, Tex., for Gulf Oil Corp.

Before TUTTLE, WISDOM and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 22, 1974.

TUTTLE, Circuit Judge:

On review are consolidated interlocutory appeals in two civil anti-trust actions. The primary issue before the Court is the appropriateness of advising the jury that under the provisions of 15 U.S.C.A. § 151 any awarded damages would be tripled and a reasonable attorneys' fee plus the cost of the litigation...

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