Walker Distributing Co. Inc. v. Lucky Lager Brewing Co., a Calif. Corporation

This is the second appeal in this antitrust action. The facts and applicable law are set out in our opinion rendered on the first appeal, reported at 323 F.2d 1 (1963), and we do not repeat them here.

On the first appeal, we remanded to give appellant an opportunity to substantiate its charge that appellee had violated section 1 of the Sherman Act, 15 U.S.C. § 1 , by showing (1) a contract, combination, or conspiracy among appellee and its distributors which effected a group boycott of the product of a competing manufacturer, or (2) that the appellee’s semi-exclusive distributorship arrangement was “so anti-competitive, in purpose or effect, or both, as to be an unreasonable restraint of trade.” 323 F.2d at 7-8 . On remand, discovery procedures were completed and depositions submitted to the district court. Following oral argument of appellee’s motion for summary judgment, that court granted appellant’s request for additional time to present “affidavits or make any other showing he desired in opposition to the showing made in support of the motion.” Such affidavits and further showing were not forthcoming, and the district court granted the summary judgment from which this appeal…