Legal Opinion

By-Rite Distributing, Inc. v. Coca-Cola Co.

District Court, D. Utah

Decided December 12, 1983No. Civ. A. C-83-0956WPublishedCited by 3 opinions

1Opinion of the Court

INTRODUCTION

WINDER, District Judge.

This action involves the issues of whether By-Rite Distributing, Inc. (“By-Rite”) is entitled to sell, or encourage and facilitate the sale of, defendants’ fountain soft drinks in two-liter PET plastic bottles or other containers intended for later consumption through its Carb-A-Drink Self-Service Beverage Stations and whether the defendants are obligated to sell their fountain syrups to By-Rite for this purpose.

This case was brought by By-Rite against The Coca-Cola Company, PepsiCo, Inc. (“PepsiCo”), Sunkist Soft Drinks, Inc. (“SSD”), The Seven-Up Company…

2Cases cited24 opinions

  1. United States v. Colgate & Co.Supreme Court of the United States · 1919
  2. Daryl B. Lundgrin v. W. Graham Claytor, Secretary of the Navy of the United States, and the United StatesCourt of Appeals for the Tenth Circuit · 1980
  3. Omega Importing Corp. v. Petri-Kine Camera Company, Inc.Court of Appeals for the Second Circuit · 1971
  4. Paul Smith, an Individual v. Edward L. Montoro and Film Ventures International Inc.Court of Appeals for the Ninth Circuit · 1981
  5. Modern Home Institute, Inc. And Romac Resources, Inc. v. Hartford Accident and Indemnity CompanyCourt of Appeals for the Second Circuit · 1975

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3Cited by3 opinions

  1. Del Monte Fresh Produce Co. v. Dole Food Co., Inc.District Court, S.D. Florida · 2001
  2. Hartford House Ltd. v. Hallmark Cards Inc.District Court, D. Colorado · 1986
  3. LaRouche v. MonsonDistrict Court, D. Utah · 1984

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