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 suit, 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 (1982).

We affirmed the district court’s determination that Maykuth failed to establish Coors’s liability under the antitrust laws. We reversed the district court’s conclusion that Maykuth was liable to Coors for breach of contract. We also reversed the district court by holding that Coors did breach Maykuth’s contractual and statutory rights and is liable for damages on those claims. We remanded to the district court for determination of damages. See Maykuth v. Adolph Coors Co. [Maykuth I], 690 F.2d 689 (9th Cir.1982).

On remand, the district court refused to award Maykuth damages. It found that the amount that Maykuth would have lost, had business operations continued, exceeded the amount that Maykuth did lose as a result of the breach of contract by Coors. Maykuth appeals this determination, arguing…