TOPP-COLA COMPANY v. COCA-COLA COMPANY

No. 209, Docket 27574.

314 F.2d 124 (1963)

TOPP-COLA COMPANY, a corporation, Plaintiff-Appellee, v. The COCA-COLA COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 25, 1963.


Attorney(s) appearing for the Case

James L. Dooley, Washington, D. C., on the brief, for plaintiff-appellee.

Gilbert H. Weil, New York City (Alfred T. Lee, New York City, Pope F. Brock and John D. Goodloe, Julius R. Lunsford, Jr., Atlanta, Ga., on the brief), for defendant-appellant.

Hiram R. Cancio, Attorney General, Commonwealth of Puerto Rico (Abe Fortas, Ralph Temple, Arnold, Fortas & Porter, Washington, D. C., on the brief), as amicus curiæ of the Commonwealth of Puerto Rico.

Before LUMBARD, Chief Judge, and SMITH and HAYS, Circuit Judges.


LUMBARD, Chief Judge.

This is an appeal from a summary judgment for the plaintiff in an action for a declaratory judgment pursuant to the Declaratory Judgments Act, 28 U.S. C. § 2201. On a prior motion, Judge Bryan had granted partial summary judgment for the defendant, 185 F.Supp. 700 (S.D.N.Y.1960); no appeal has been taken from that order. The defendant appeals from an order of Judge Murphy of January 31, 1962, which granted...

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