Legal Opinion

Coca-Cola Bottling Co. v. Coca-Cola Co.

District Court, D. Delaware

Decided November 8, 1920No. 389PublishedCited by 61 opinions

In Equity. Suit by The Coco-Cola Bottling Company against The Coco-Cola Company. Hearing on motion by defendant to dismiss the bill and by the complainant for a temporary injunction. Motion to dismiss the bill denied, and decree for preliminary injunction ordered.

1Opinion of the Court

MORRIS, District Judge.

The defendant, The Coca-Cola Company, a Delaware corporation, taking the position that a contract made between The Coca-Cola Company, a Georgia corporation predecessor in title of the defendant, of the one part, and J. B. Whitehead and B. F. Thomas, through whom complainant claims, of the other part, was a contract at will, with the right in either party to terminate the same upon reasonable notice, gave notice to the complainant that the contract would “stand terminated” on a specified subsequent day. Thereupon the complainant, denying the contract to be terminable at…

2Cases cited33 opinions

  1. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  2. McLean v. FlemingSupreme Court of the United States · 1878
  3. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
  4. United States v. SteffensSupreme Court of the United States · 1879
  5. United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898

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3Cited by61 opinions

  1. E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
  2. Red Wing Malting Co. v. WillcutsCourt of Appeals for the Eighth Circuit · 1926
  3. United States Ozone Co. v. United States Ozone Co. of AmericaCourt of Appeals for the Seventh Circuit · 1932
  4. The Coca-Cola Company v. Federal Trade CommissionCourt of Appeals for the Fifth Circuit · 1973
  5. National Association for the Advancement of Colored People, AKA Naacp v. N.A.A.C.P. Legal Defense & Educational Fund, Inc.Court of Appeals for the D.C. Circuit · 1985

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