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CARPA, INC. v. WARD FOODS, INC.

No. 75-1206.

536 F.2d 39 (1976)

CARPA, INC., et al., Plaintiffs-Appellees-Appellants, v. WARD FOODS, INC., et al., Defendants Third-Party Plaintiffs Appellants-Appellees, v. BILL G. MARTIN et al., Third-Party Defendants-Appellants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 23, 1976.

Attorney(s) appearing for the Case

George H. Kolb, Joe B. Harrison, Dallas, Tex., Seagal Wheatley, San Antonio, Tex., for Ward Foods, Inc., and others.

Jack Hebdon, San Antonio, Tex., for Bill G. Martin, and others.

Charles L. Stephens, Ft. Worth, Tex., for Bill G. Martin.

Ralph G. Langley, William T. Armstrong, III, San Antonio, Tex., for Carpa, Inc., and others.

Before GEWIN, COLEMAN and DYER, Circuit Judges.

COLEMAN, Circuit Judge.

This is a private Sherman Act antitrust lawsuit. It was brought by three plaintiffs: (1) franchisee Payne; (2) his solely owned shell corporation, Carpa, which succeeded to the franchise; and (3) Boone. Payne had been a close personal friend of one of the defendants, Bill Martin, for thirty years. Boone was Martin's brother-in-law. The other defendant, Ward Foods, Inc., had bought Martin's operations in 1968.

Boone and Payne, heavily...

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