UNIVERSAL BRANDS, INC. v. PHILIP MORRIS INC.

No. 75-3855.

546 F.2d 30 (1977)

UNIVERSAL BRANDS, INC., etc., Plaintiff-Appellant-Cross Appellee, v. PHILIP MORRIS INC., etc., Defendant-Appellee, Lowenbrau-Munchen Aktiengesellschaft, etc., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 21, 1977.


Attorney(s) appearing for the Case

Cromwell A. Anderson, Miami, Fla., Lawrence Eiger, Robert A. Skirnick, John T. Cusack, Chicago, Ill., for plaintiff-appellant-cross appellee.

Abe Krash, Murray H. Bring, Irvin B. Nathan, Jonathan D. Schiller, Washington, D. C., Eugene J. T. Flanagan, Associate Gen. Counsel, Philip Morris Inc., for Philip Morris Inc.

Alan Kanzer, New York City, for Lowenbrau.

Aubrey V. Kendall, Miami, Fla., for Lowenbrau-Morris.

Warren H. Dunn, Gen. Counsel, Miller Brewing Co., Milwaukee, Wis., for Miller Brewing Co.

Before COLEMAN, CLARK and TJOFLAT, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 21, 1977.

COLEMAN, Circuit Judge:

This is a rather unusual antitrust case. The private plaintiff was not enchanted by dreams of treble damages. Defendants candidly admitted all factual allegations. Nevertheless, there was summary judgment for the defendants. We affirm.

Alleging violations of Section 1 of the Sherman Act1 and Section 7 of the Clayton Act,2

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