Pennsylvania ex rel. Zimmerman v. Pepsico, Inc.
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The question for decision in this antitrust case of first impression under the Soft Drink Interbrand Competition Act of 1980, 15 U.S.C. §§ 3501-3503, is whether the Commonwealth of Pennsylvania, as a par-ens patriae plaintiff, properly set forth a claim on which relief could be granted in its complaint against PepsiCo, Inc., a soft drink manufacturer, and two Pepsi-Cola bottlers. After affording Pennsylvania an opportunity to amend, the district court analyzed the amended complaint’s allegations and, concluding that the plaintiff had failed to mount…
2Cases cited32 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Conley v. GibsonSupreme Court of the United States · 1957
- Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
- Copperweld Corp. v. Independence Tube Corp.Supreme Court of the United States · 1984
- Car Carriers, Inc. v. Ford Motor Company and Nu-Car Carriers, Inc.Court of Appeals for the Seventh Circuit · 1984
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3Cited by503 opinions
- Massachusetts School Of Law At Andover, Inc. v. American Bar AssociationCourt of Appeals for the Third Circuit · 1997
- Pennsylvania Psychiatric Society v. Green Spring Health ServicesCourt of Appeals for the Third Circuit · 2002
- Marks v. StrubleDistrict Court, D. New Jersey · 2004
- Commonwealth of Pennsylvania v. Pepsico, Inc.Court of Appeals for the Third Circuit · 1988
- Paul J. McArdle v. Michael J. Tronetti and Steven ReillyCourt of Appeals for the Third Circuit · 1992
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