BIG COLA CORPORATION v. WORLD BOTTLING CO.

No. 9327.

134 F.2d 718 (1943)

BIG COLA CORPORATION et al. v. WORLD BOTTLING CO., LIMITED.

Circuit Court of Appeals, Sixth Circuit.

April 8, 1943.


Attorney(s) appearing for the Case

Ben C. Welch, of Memphis, Tenn. for appellants.

Harry McEnerny Jr., of New Orleans, La., and Harold W. S. Leeker, of Memphis, Tenn. (Harold W. S. Leeker and Frank J. Glankler, both of Memphis, Tenn., Harry McEnerny, Jr., of New Orleans, La., Canale, Glankler, Loch & Little, of Memphis, Tenn., and Legier, McEnerny & Waguespack, of New Orleans, La., on the brief), for appellee.

Before ALLEN, MARTIN, and McALLISTER, Circuit Judges.


McALLISTER, Circuit Judge.

In May, 1939, appellee World Bottling Company entered into a contract with appellant Big Cola Corporation in which appellee granted the right to manufacture a soft drink concentrate, known as "Dr. Nut," according to appellee's secret formula, as well as the exclusive right to use the registered name "Dr. Nut" in the sale of the concentrate in all states except Louisiana. Adjudication of the rights of the World Bottling Company binds the...

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