RED ROCK COLA CO. v. RED ROCK BOTTLERS

No. 13461.

195 F.2d 406 (1952)

RED ROCK COLA CO. v. RED ROCK BOTTLERS, Inc.

United States Court of Appeals Fifth Circuit.

February 18, 1952.


Attorney(s) appearing for the Case

M. E. Kilpatrick, Atlanta, Ga., for appellant.

Cyrus R. Vance, New York City, Allen E. Lockerman, Atlanta, Ga., for appellee.

Before McCORD, RUSSELL and RIVES, Circuit Judges.


PER CURIAM.

The appellant, Red Rock Cola Company, is a manufacturer of cola concentrate and Red Rock Bottlers, Inc. was heretofore its exclusive franchised distributor of such concentrate to retail bottling plants. These parties will be sometimes referred to as Cola and Bottlers.

In 1938 Cola entered into a contract with certain individuals who immediately thereafter assigned the contract to Bottlers, a corporation organized for this purpose, granting the...

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