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KESTENBAUM v. FALSTAFF BREWING CORP.

No. 76-4290.

575 F.2d 564 (1978)

Dana I. KESTENBAUM, Plaintiff-Appellee, v. FALSTAFF BREWING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing and Rehearing August 17, 1978.

Attorney(s) appearing for the Case

Max Hendrick, III, John L. Carter, Houston, Tex., for defendant-appellant.

Jack N. Price, Austin, Tex., Ed P. Magre, Cameron, Tex., for plaintiff-appellee.

Before TUTTLE, COLEMAN and RONEY, Circuit Judges.

As Modified on Denial of Rehearing and Rehearing En Banc August 17, 1978.

RONEY, Circuit Judge:

This is a vertical restraint antitrust case. The plaintiff, Dana I. Kestenbaum, a beer distributor, sued his supplier, Falstaff Brewing Corporation, alleging violations of Section 1 of the Sherman Act, 15 U.S.C.A. § 1. The jury returned a verdict for Kestenbaum. We hold that Kestenbaum's proof of damage from price-fixing was inadequate; he failed to show that...

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