ROYAL CROWN COLA CO. v. CROWN BEVERAGE CORPORATION

No. 60-C-567.

195 F.Supp. 130 (1961)

ROYAL CROWN COLA CO., Plaintiff, v. CROWN BEVERAGE CORPORATION, Defendant.

United States District Court E. D. New York.

June 26, 1961.


Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiff. William R. Meagher, New York City, Raymond A. Walsh, Washington, D. C., Robert J. Ensher, Geoffrey M. Kalmus, New York City, of counsel.

Harry Price, New York City, for defendant.


BARTELS, District Judge.

Plaintiff moves for judgment on the pleadings, pursuant to Rule 12(c), Fed.Rules Civ.Proc., 28 U.S.C.A. However, since the plaintiff seeks to incorporate documents other than the complaint and answer herein, its motion will be treated as one for summary judgment pursuant to Rule 56. Defendant, while contending that there exist material issues of fact in this case, has nevertheless cross-moved for summary judgment in the event that the Court...

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