Tidewater Beverage Services, Inc. v. Coca Cola Co.

OPINION

REBECCA BEACH SMITH, District Judge.

This matter comes before the Court on Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff, Tidewater Beverage Services, Inc. (“Tidewater”), originally filed this action on April 6, 1995, in the Virginia Beach Circuit Court. Defendant, Coca-Cola Co., Inc. (“Coca-Cola”), removed the case to this Court on April 27, 1995. Jurisdiction is based on diversity of citizenship. Plaintiff filed an amended complaint on August 21, 1995, to which Defendant submitted a Motion to Dismiss. A hearing on the Motion…