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WHITWORTH v. PERKINS

No. 76-1593.

559 F.2d 378 (1977)

Edgar E. WHITWORTH, d/b/a Dinkie's Food Mart, Plaintiff-Appellant, v. Dallas PERKINS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 19, 1977.

Attorney(s) appearing for the Case

William Thomas Jacks, Austin, Tex., for plaintiff-appellant.

Beverly Tarpley, Charles Scarborough, Abilene, Tex., for Perkins et al.

Donald Scott Thomas, Jr., Austin, Tex., for Tom Roden and Pinkie's Inc.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This antitrust suit charges that defendants conspired to restrain competition in the sale of alcoholic beverages in Impact, Texas, by preventing plaintiff from making such sales on his property. The defendants are the town (a municipal corporation), six individuals (sued both individually and as aldermen of the town), and three private Texas corporations (including the corporation which developed this new town and those authorized to sell liquor...

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