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COTT BEVERAGE CORP. v. CANADA DRY GINGER ALE

No. 234, Docket 24430.

243 F.2d 795 (1957)

COTT BEVERAGE CORPORATION, Plaintiff, v. CANADA DRY GINGER ALE Incorporated et al., Defendants.

United States Court of Appeals Second Circuit.

Decided May 3, 1957.

Attorney(s) appearing for the Case

Bader & Bader, New York City (I. Walton Bader, New York City, of counsel), for plaintiff.

Cravath, Swaine & Moore, New York City (Ralph L. McAfee, Allen F. Maulsby, and Charles G. Moerdler, New York City, of counsel), for defendants.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

The complaint herein, as Judge McGohey shows in his reasoned opinion, D.C. S.D.N.Y., 146 F.Supp. 300, charged an extensive conspiracy to restrain interstate commerce in soft drinks. Judge McGohey was not impressed with certain of the claims and therefore dismissed two of the four causes of action into which the complaint was divided and ordered extensive corrections by way of an amended complaint in the others. Thus...

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