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HAYES v. SOLOMON

No. 77-1062.

597 F.2d 958 (1979)

Lloyd L. HAYES, Hayes, Inc., et al., Plaintiffs-Appellees, v. T. G. SOLOMON, Gulf States Theatres, Inc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 29, 1979.

Attorney(s) appearing for the Case

D. L. Case, Jack Pew, Jr., Dallas, Tex., O. J. Weber, Beaumont, Tex., John R. Vaughan, William T. Lifland, Marshall H. Cox, Jr., Robert T. Quinn, New York City, Hopkins P. Breazeale, Jr., Baton Rouge, La., for defendants-appellants.

James A. Chesnutt, II, John G. Tucker, Beaumont, Tex., Edwin Tobolowski, Neal E. Young, David L. White, Dallas, Tex., for plaintiffs-appellees.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Although this appeal presents a Brobdingnagian record which is typical of quests for the golden fleece of treble damages, this is not a typical antitrust case. Indeed, this is not even an atypical antitrust case; for, despite plaintiffs' herculean efforts, we conclude that this is not an antitrust case at all.1 We write at some length to explain why we conclude that the evidence was

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