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DAD'S ROOT BEER CO. v. DOC'S BEVERAGES

No. 27, Docket 22059.

193 F.2d 77 (1951)

DAD'S ROOT BEER CO. v. DOC'S BEVERAGES, Inc. et al.

United States Court of Appeals Second Circuit.

Decided November 26, 1951.

Attorney(s) appearing for the Case

Charles J. Nehrbas, New York City (Moses, Nehrbas & Tyler, New York City, on the brief), for defendants-appellants.

Theodore J. Levitan, Chicago, Ill. (Moses Levitan, Chicago, Ill., and Campbell, Brumbaugh, Free & Graves, New York City, on the brief), for plaintiff-appellee.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.

CLARK, Circuit Judge.

The plaintiff is an Illinois corporation, founded as a general carbonated drink manufacturer in 1927. For the last ten years it has concentrated its manufacturing and advertising efforts on its root beer product, Dad's Old Fashioned Root Beer. Though itself marketing this product only in the Chicago area it grants franchises to bottling concerns elsewhere, which then buy the concentrate from it and sell the mixed root beer locally. This is pursuant...

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