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PEPSI-COLA BOTTLING CO. OF ASBURY PK. v. PEPSICO, INC.

282 A.2d 643 (1971)

PEPSI-COLA BOTTLING COMPANY OF ASBURY PARK, a corporation of the State of New Jersey, and Pepsi-Cola Newburgh Bottling Co., Inc., a corporation of the State of New York, Plaintiffs, v. PEPSICO, INC., a corporation of the State of Delaware, formerly known as Pepsi-Cola Company, Defendant.

Court of Chancery of Delaware, New Castle.

September 21, 1971.

Attorney(s) appearing for the Case

E. Norman Veasey and R. Franklin Balotti of Richards, Layton & Finger, Wilmington, for plaintiffs.

William S. Potter and Charles S. Crompton, Jr., of Potter, Anderson & Corroon, Wilmington, and Benjamin Algase, New York City, for defendant.

MARVEL, Vice Chancellor:

Plaintiffs in this consolidated action are independent bottlers who in the 1940's had been exclusively and formally appointed by defendant to prepare for sale over an in-definite period within specified boundaries a product known as Pepsi-Cola, a beverage derived from adding sugar syrup and carbonated water to a secret ingredient or concentrate marketed by defendant. Both appointments here in issue called for their termination or cancellation...

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