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COCA-COLA CO. v. STANDARD BOTTLING CO.

No. 2740.

138 F.2d 788 (1943)

COCA-COLA CO. v. STANDARD BOTTLING CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 20, 1943.

Attorney(s) appearing for the Case

John A. Sibley, of Atlanta, Ga. (Edward S. Rogers, Lloyd Paul Stryker, and Harold W. Wolfram, all of New York City, and Winston S. Howard and Pershing, Bosworth, Dick & Dawson, all of Denver, Colo., on the brief), for appellant.

W. W. Grant, of Denver, Colo. (Morrison Shafroth and Henry W. Toll, both of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Appellant manufactures a cola drink under the trade-name of Coca-Cola. It has been engaged in the sale and distribution of this drink in Denver, Colorado, for a long number of years. Appellee likewise has been engaged in bottling and selling soft drinks in Denver for many years. Prior to 1925 it also had produced and sold a cola drink.

On March 12, 1925, in an action instituted by appellant against appellee, a consent decree was entered...

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