OCEAN SPRAY CRANBERRIES, INC. v. PEPSICO, INC.

No. 98-1948.

160 F.3d 58 (1998)

OCEAN SPRAY CRANBERRIES, INC., Plaintiff, Appellant, v. PEPSICO, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 12, 1998.


Attorney(s) appearing for the Case

James C. Burling with whom Michelle D. Miller, Cynthia D. Vreeland, Mark D. Selwyn and Hale and Dorr LLP were on brief for appellant.

Ronald S. Rolfe with whom Toni G. Wolfman, Michael A. Albert, Foley, Hoag & Eliot LLP, David J. Stone, Illana B. Chill, Victor L. Hou and Cravath, Swaine & Moore were on brief for appellee.

Before BOUDIN, Circuit Judge, REAVLEY, Senior Circuit Judge, and LIPEZ, Circuit Judge.


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.

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