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Survey Article


In broadest terms, the performance of the Court of Appeals for the Fifth Circuit' in the antitrust area ' during 1976 might best be characterized as solid. Although demonstrating little of the innovative yet well-reasoned analysis which distinguished several 1975 decisions, none of this year's antitrust opinions appear to be as susceptible to criticism as were, for example, Eastex Aviation, Inc. v. Sperry & Hutchinson Co. and Cooper Liquor, Inc. v. Adolph Coors Co. Indeed, a substantial portion of the "development" of the substantive law in 1976 consisted of the court's attempts to "clarify" some of the implications of certain of its prior rulings.'