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ASSAM DRUG CO., INC. v. MILLER BREWING CO., INC.

No. Civ. 84-4189.

624 F.Supp. 411 (1985)

ASSAM DRUG CO., INC.; Downtown, Inc., d/b/a Shoppers City Liquor of Mitchell, S.D., Plaintiffs, v. MILLER BREWING CO., INC., Defendant.

United States District Court, D. South Dakota, S.D.

December 23, 1985.

Attorney(s) appearing for the Case

Charles Rick Johnson, Gregory, S.D., for plaintiffs.

Lawrence L. Piersol, Sioux Falls, S.D., Jerome I. Chapman, Thomas H. Milch and Douglas L. Wald, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, District Judge.

Plaintiff Assam Drug Co. is a beer retailer in Sioux Falls, South Dakota. Plaintiff Downtown, Inc. is a beer retailer in Mitchell. They allege that defendant Miller Brewing Company has entered into "a contract, combination, or conspiracy ... in restraint of trade or commerce" with each of its beer distributors in South Dakota in violation of S.D.C.L. Section 37-1-3.1, which is the state law equivalent...

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