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COESTER v. H.H.B. CO.

No. CIV. 74-1014.

447 F.Supp. 372 (1978)

William E. COESTER, an Individual, d/b/a Coester Distributing Company, d/b/a Hamm's Beer Distributing Company, Plaintiff, v. H.H.B. COMPANY, a Minnesota Corporation, a/k/a Theodore Hamm Company, a corporation, a/k/a the Theodore Hamm Brewing Company, a corporation, Defendant.

United States District Court, D. South Dakota, N. D.

March 20, 1978.

Attorney(s) appearing for the Case

George J. Rice, Aberdeen, S. D., and Aurelio P. Nardi, St. Paul, Minn., for plaintiff.

Dennis Maloney, of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, S. D., and Richard E. Aretz, of Maun, Hazel, Green, Hayes, Simon & Aretz, St. Paul, Minn., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This matter is before the court on defendant's motion to dismiss. That motion is predicated on two grounds. First, defendant contends that plaintiff executed a full and final release of all claims or demands or causes of actions against the defendant on June 28, 1971, which fully bars this pending antitrust action. Second, defendant argues that this matter should be deemed abandoned by the plaintiff's failure to faithfully...

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