Minges v. City of Birmingham

LIVINGSTON, Justice.

Appellants are engaged in the business of bottling, selling and distributing-a soft drink known as Pepsi-Cola. They purchase from the Pepsi-Cola Company of New York certain syrup or other ingredients which are used by appellants in their business. In order to stimulate and increase the sale of Pepsi-Cola by appellants and other bottlers and distributors, the Pepsi-Cola Company of New York is now engaged in an extensive advertising campaign in the form of contests known as “Treasure Top” contests. Appellants are participating in, managing, directing and conducting such…