JOT-EM-DOWN STORE (JEDS) INC. v. COTTER & CO.

No. 80-1014.

651 F.2d 245 (1981)

JOT-EM-DOWN STORE (JEDS) INC., formerly Farm Supply Center of Houston, Inc., Plaintiff-Appellant, v. COTTER AND COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

July 6, 1981.


Attorney(s) appearing for the Case

Schleider, Ewing & Francis, Ben H. Schleider, Jr., Paul S. Francis, Houston, Tex., for plaintiff-appellant.

Crady & Peden, Charles C. Crady, III, Douglas S. Johnston, Houston, Tex., for defendants-appellees.

Before RUBIN and GARZA, Circuit Judges, and SUTTLE, District Judge.


ALVIN B. RUBIN, Circuit Judge:

To recover treble damages in a suit for violation of the antitrust laws, a suitor must establish that there was a violation and that this actually caused him loss. Even when these are proved, however, the plaintiff must also establish the amount of harm he suffered with sufficient certainty to enable the trier-of-fact to assess damages. While the amount of damages is measured by a less exacting standard than proof of violation and injury...

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