Legal Opinion

Royal Crown Cola Co., Cross-Appellant v. The Coca-Cola Company, Pepsico, Inc., and Dr. Pepper Co., Cross-Appellees

Court of Appeals for the Eleventh Circuit

Decided November 13, 1989No. 88-8014PublishedCited by 23 opinions

1Opinion of the Court

CLARK, Circuit Judge:

In this appeal, the appellants challenge the propriety of an award of almost 1.4 million dollars in attorney’s fees in favor of the Royal Crown Company (Royal Crown) for its efforts to prevent PepsiCo Inc. (Pep-siCo) and the Coca-Cola Company (Coca-Cola) from acquiring certain carbonated soft drink companies. 678 F.Supp. 875. Because we find that Royal Crown is not a “prevailing party” within the meaning of the Clayton Act, 15 U.S.C. § 26, we reverse.

I. BACKGROUND

In the year 1986, two carbonated soft drink company giants each attempted mergers with other well known…

2Cases cited22 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  4. Hewitt v. HelmsSupreme Court of the United States · 1987
  5. Cargill, Inc. v. Monfort of Colorado, Inc.Supreme Court of the United States · 1986

17 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. City of Chanute v. Williams Natural Gas Co.Court of Appeals for the Tenth Circuit · 1994
  2. City Of Chanute, Kansue, v. Williams Natural Gas CompanyCourt of Appeals for the Tenth Circuit · 1994
  3. Blue Cross and Blue Shield United of Wisconsin and Compcare Health Services Insurance Corporation v. Marshfield ClinicCourt of Appeals for the Seventh Circuit · 1998
  4. W.L.G. v. Houston County Board of EducationDistrict Court, M.D. Alabama · 1997
  5. Sprint Nextel Corporation v. At&t, Inc.District Court, District of Columbia · 2011

18 more not listed; retrieve them via the Exa API.

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