Legal Opinion

Ocean Spray Cranberries, Inc. v. PepsiCo, Inc.

Court of Appeals for the First Circuit

Decided November 13, 1998No. 19-2036PublishedCited by 38 opinions

1Opinion of the Court

BOUDIN, Circuit Judge.

This is an appeal by Ocean Spray Cranberries, Inc. (“Ocean Spray”) from a district court order denying Ocean Spray a preliminary injunction against PepsiCo, Inc. (“Pepsi”). The dispute between the two companies centers on their distribution agreement, whose exclusivity clause has apparently been breached by Pepsi. Although the appeal is not without substance, we sustain the district court’s refusal to grant the injunctive relief sought.

Ocean Spray is an agricultural cooperative owned by about 950 cranberry and citrus growers. It is a leading producer of canned and…

2Cases cited15 opinions

  1. Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
  2. Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991
  3. Packaging Industries Group, Inc. v. CheneyMassachusetts Supreme Judicial Court · 1980
  4. K-Mart Corporation v. Oriental Plaza, Inc.Court of Appeals for the First Circuit · 1989
  5. Ahern v. ScholzCourt of Appeals for the First Circuit · 1996

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3Cited by38 opinions

  1. I.P. Lund Trading ApS v. Kohler Co.Court of Appeals for the First Circuit · 1998
  2. Corporate Technologies, Inc. v. HarnettCourt of Appeals for the First Circuit · 2013
  3. Cablevision of Boston, Inc. v. Public Improvement Commission of the City of BostonCourt of Appeals for the First Circuit · 1999
  4. Water Keeper Alliance v. United States Department of DefenseCourt of Appeals for the First Circuit · 2001
  5. Governor Lincoln C. Almond v. Capital Properties, Inc., and Metropark, Ltd.Court of Appeals for the First Circuit · 2000

33 more not listed; retrieve them via the Exa API.

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