Gerald S. Maykuth, D/B/A Bighorn Beverage v. Adolph Coors Company, a Colorado Corporation

Gerald Maykuth operated Bighorn Beverage, a wholesale beer distributorship, pursuant to a contract with Adolph Coors Company (“Coors”). When Coors terminated Maykuth as a distributor, he brought this action, claiming the termination breached their contract and violated Montana statutes regulating the distribution of beer. Maykuth also alleged violations of the Sherman Act, 15 U.S.C. § 1 .

We affirm the district court’s determination that Maykuth failed to establish Coors’s liability under the antitrust laws. However, we hold that Coors did breach Maykuth’s contractual and statutory rights and is liable for damages on those claims. We also reverse the district court’s conclusion that Maykuth is liable to Coors for breach of contract.

I

FACTS

In 1976, Coors began marketing its products in Montana. Maykuth applied for a distributorship in the Helena area. The company required dealers to maintain a refrigerated warehouse with a recycling facility, and to acquire refrigerated trucks and other specialized delivery equipment. Maykuth’s application included his plans for developing and financing the required facility and equipment. On the basis of that application, Coors awarded…