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BEERMART, INC. v. STROH BREWERY CO.

No. 86-1698.

804 F.2d 409 (1986)

BEERMART, INC., Plaintiff-Appellee, v. The STROH BREWERY COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 1986.

Rehearing Denied December 16, 1986.

Attorney(s) appearing for the Case

Stephen R. Pennell, Stuart & Branigin, Lafayette, Ind., for defendant-appellant.

F. Joseph Jaskowiak, Hoeppner, Wagner & Evans, Valparaiso, Ind., for plaintiff-appellee.

Before BAUER, Chief Judge, WOOD, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

BAUER, Chief Judge.

Defendant, the Stroh Brewery Company, ("Stroh") terminated its wholesale agreement with plaintiff BeerMart, Inc., ("BeerMart") because plaintiff intentionally sold overage beer in violation of the defendant's marketing policies. Specifically, the plaintiff fraudulently repackaged outdated beer in an attempt to resell the mismarked product as fresh. BeerMart moved to enjoin Stroh from terminating the agreement...

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