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RUBENSTEIN v. DR. PEPPER COMPANY

No. 15290.

228 F.2d 528 (1955)

Leo RUBENSTEIN, d/b/a The Eagle Bottling Company, Appellant, v. DR. PEPPER COMPANY, a Corporation, and Oliver H. Daniel and Charles H. Chapman, a Partnership, d/b/a B-1 Bottling Company, Clicquot Bottling Company, Dr. Pepper Company and Bonanza Vending Company, Appellees.

United States Court of Appeals Eighth Circuit.

December 22, 1955.

Attorney(s) appearing for the Case

Roger T. Hurwitz, Kansas City, Mo. (B. T. Hurwitz, Kansas City, Mo., was with him on the brief), for appellant.

Richard S. Righter, Kansas City, Mo. (Lathrop, Righter, Blackwell & Parker, Kansas City, Mo., and William M. Stapleton, Albany, Mo., were with him on the brief), for appellee Dr. Pepper Co.

Charles B. Blackmar, Kansas City, Mo. (Blackmar, Eager, Swanson, Midgley & Jones and Henry I. Eager and Richard G. Poland, Kansas City, Mo., were with him on the brief), for appellee Charles H. Chapman.

Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.

GARDNER, Chief Judge.

This appeal is from a judgment in favor of defendants entered on motions for summary judgment. Appellant was plaintiff and the appellees defendants and we shall refer to them as such in this opinion. Plaintiff's second amended complaint contained three separate causes of action referred to in the record as "Counts". Count I of said complaint sought recovery against the corporate defendant, Dr. Pepper Company, for the breach of a contract under...

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