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

No. 86-5049.

798 F.2d 311 (1986)

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

United States Court of Appeals, Eighth Circuit.

Decided August 12, 1986.

Attorney(s) appearing for the Case

Rick Johnson, Gregory, S.D., for appellants.

Jerome Chapman, Washington, D.C., for appellee.

Before WOLLMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and LARSON, Senior District Judge.

WOLLMAN, Circuit Judge.

Assam Drug Co., Inc., and Downtown, Inc., appeal the district court's1 grant of summary judgment in their action against Miller Brewing Company, Inc., seeking damages and injunctive relief for alleged violations of South Dakota antitrust law. Assam and Downtown claimed that Miller restrained trade by its use of a distributor agreement defining exclusive territories where distributors may market Miller products....

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