Legal Opinion

Pepsi-Cola Bottling Co. of Pittsburg, Inc. v. Pepsico, Inc.

Court of Appeals for the Tenth Circuit

Decided December 20, 2005No. 03-3134PublishedCited by 248 opinions

1Opinion of the Court

BRISCOE, Circuit Judge.

Plaintiff Pepsi-Cola Bottling Company of Pittsburg, Kansas (Pittsburg Pepsi) appeals the district court’s order granting summary judgment in favor of defendants PepsiCo, Inc. (PepsiCo) and its wholly owned subsidiary, Bottling Group, LLC (Bottling Group). While Pittsburg Pepsi asserts claims sounding both in tort and in contract, its overriding contention is that defendants have interfered with its contractual right to sell a full line of Pepsi products in its exclusive territory. We affirm in part, reverse in part, and remand.

I

As this is a summary judgment case, we…

2Cases cited37 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse ServicesCourt of Appeals for the Tenth Circuit · 1999
  3. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  4. Dalton v. Educational Testing ServiceNew York Court of Appeals · 1995
  5. McKnight v. Kimberly Clark Corp.Court of Appeals for the Tenth Circuit · 1998

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3Cited by248 opinions

  1. Employers Mutual Casualty Co. v. Bartile Roofs, Inc.Court of Appeals for the Tenth Circuit · 2010
  2. Brooks v. Mentor WorldwideCourt of Appeals for the Tenth Circuit · 2021
  3. Herrera v. Lufkin Industries, Inc.Court of Appeals for the Tenth Circuit · 2007
  4. Specialty Beverages, L.L.C v. Pabst Brewing Co.Court of Appeals for the Tenth Circuit · 2008
  5. Anderson Living Trust v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014

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