Legal Opinion
Dana I. Kestenbaum v. Falstaff Brewing Corporation
Court of Appeals for the Fifth Circuit
Decided June 23, 1978No. 76-4290PublishedCited by 56 opinions
1Opinion of the Court
RONEY, Circuit Judge:
This is a vertical restraint antitrust case. The plaintiff, Dana I. Kestenbaum, a beer distributor, sued his supplier, Falstaff Brewing Corporation, alleging violations of Section 1 of the Sherman Act, 15 U.S.C.A. § 1. The jury returned a verdict for Kes-tenbaum. We hold that Kestenbaum’s proof of damage from price-fixing was inadequate; he failed to show that Falstaff’s local advertising, bar spending, and warehouse requirements, and use of its power to approve the purchaser of his business, had any anticompetitive effect; his proof of lost goodwill was contrary to the…
2Cases cited42 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Continental T. v. Inc. v. GTE Sylvania Inc.Supreme Court of the United States · 1977
37 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Berkey Photo, Inc., Plaintiff-Appellee-Cross v. Eastman Kodak Company, Defendant-Appellant-CrossCourt of Appeals for the Second Circuit · 1979
- In Re Municipal Bond Reporting Antitrust Litigation. Munitrad Systems, Inc. v. Standard and Poor's CorporationCourt of Appeals for the Fifth Circuit · 1982
- Colon-Fontanez v. Municipality of San JuanCourt of Appeals for the First Circuit · 2011
- Delong Equipment Company v. Washington Mills Abrasive CompanyCourt of Appeals for the Eleventh Circuit · 1989
- Bell Atlantic Corp. v. AT&T Corp.Court of Appeals for the Fifth Circuit · 2003
51 more not listed; retrieve them via the Exa API.