Anheuser-Busch, Inc. v. Natural Beverage Distributors, D/B/A Mendocino Coast Distributing Co. Florence M. Beardslee

Ms. Florence Beardslee and Natural Beverage Distributors (collectively “Beardslee”) appeal the district court’s Orders granting partial summary judgment to plaintiff An-heuser-Busch, Inc. (“Anheuser”), ordering a new trial on her counterclaim against Anheu-ser, and ultimately dismissing her counterclaim. We affirm all three rulings.

I.

For many years, Beardslee solely-owned and operated Natural Beverage, a wholesale distributorship for Anheuser. Relations between Anheuser and all of its wholesale distributors are governed by a written agreement called the “Anheuser-Busch, Inc. Wholesaler Equity Agreement” (the “Agreement”). Beardslee entered into the Agreement with Anheuser in late 1984. This appeal emanates from litigation surrounding Anheuser’s termination of Beardslee’s distributorship in 1989.

The Successor-Manager Nomination

Under the Agreement, Beardslee is required to designate a “Successor-Manager,” subject to Anheuser’s approval, who is capable of taking over the business in the event that the manager no longer can perform his or her duties. Anheuser may not unreasonably withhold its approval of the proposed individual. In the event that Anheuser does not…