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

297 A.2d 28 (1972)

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 Below, Appellants, v. PEPSICO, INC., a corporation of the State of Delaware, Formerly Known as The Pepsi-Cola Company, Defendant Below, Appellee.

Supreme Court of Delaware.

Reargument Denied September 13, 1972.

Attorney(s) appearing for the Case

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

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

WOLCOTT, Chief Justice, and CAREY, Justice, and CHRISTIE, Judge, sitting.

WOLCOTT, Chief Justice:

This is an appeal from a final judgment entered by the Vice Chancellor against the plaintiffs, Pepsi-Cola Bottling Company of Asbury Park (hereafter Asbury Park) and Pepsi-Cola Newburgh Bottling Co., Inc. (hereafter Newburgh), and in favor of the defendant, Pepsico, Inc. (formerly The Pepsi-Cola Company, hereafter Pepsi). The plaintiffs appeal.

This consolidated action was instituted by two...

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