COCA-COLA CO. v. FEULNER

No. 398.

7 F.Supp. 364 (1934)

COCA-COLA CO. v. FEULNER.

District Court, S. D. Texas, Houston Division.

July 26, 1934.


Attorney(s) appearing for the Case

Harold Hirsch & Marion Smith, of Atlanta, Ga., and Baker, Botts, Andrews & Wharton, of Houston, Tex. (Frank Troutman, of Atlanta, Ga., and Dillon Anderson, of Houston, Tex., of counsel), for plaintiff.

Snell & Aynesworth, of Houston, Tex., for defendant.


HUTCHESON, Circuit Judge.

This is a civil contempt proceeding in furtherance of the objects of the original suit to prevent defendant from wrongfully selling spurious, that is diluted, Coca-Cola for the genuine, the undiluted, article. The law of the case is well settled. Without doubt, a retailer of Coca-Cola syrup may, in offering it for sale, dilute it as he pleases so long as it is sold as a diluted product. He may not, however, secretly dilute it and sell it...

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