ALPHA DISTRIBUTING CO., Inc. v. JAS. BARCLAY & CO., Limited

This is an appeal from an order of the District Court for the Northern District of California refusing to grant plaintiff-appellant’s (Alpha’s) motion for an interlocutory injunction. The matter was there determined on affidavits.

Alpha is a California wholesale distributor of alcoholic beverages. Defendant-appellee (Barclay) is a Delaware corporation and appears to be a manufacturer’s agent as the term is used in the California liquor control laws. It performs the usual functions of a jobber. For a period of time (prior to April 30, 1953) Alpha was one of Barclay’s distributors in Northern California and Barclay was one of Alpha’s sources of supply, probably the exclusive source of certain brands of beverages.

In March or April, 1953, Barclay terminated its relationship with Alpha, cutting off Alpha’s distributorship, which was, we take it, a valuable thing so far as Alpha was concerned. The result was a complaint of four counts filed by Alpha against Barclay and Alpha’s motion for interlocutory injunction. The burden of Alpha’s application for an interlocutory injunction is that Barclay is trying to get its line of spirits purchased by retailers through another wholesale…