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WRIGHT ROOT BEER CO. OF NEW ORLEANS v. DR. PEPPER CO.

No. 26591.

414 F.2d 887 (1969)

WRIGHT ROOT BEER COMPANY OF NEW ORLEANS, Incorporated, Plaintiff-Appellee, v. DR. PEPPER COMPANY, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 11, 1969.

Attorney(s) appearing for the Case

Harold R. Ainsworth, New Orleans, La., B. Thomas McElroy, Dallas, Tex., for defendant-appellant; White, McElroy & White, Dallas, Tex., of counsel.

Charles M. Lanier, New Orleans, La., R. Boatner Howell, Jr., Baton Rouge, La., for plaintiff-appellee.

Before WISDOM and DYER, Circuit Judges, and KRENTZMAN, District Judge.

DYER, Circuit Judge:

In a lengthy trial, redolent with acrimonious debates of counsel and lay and lawyer witnesses,1 the jury found that Dr. Pepper Company had reneged on its agreement to recognize Wright Root Beer as its Dr. Pepper bottler in New Orleans, Louisiana, and assessed Wright's damages at $150,000. From the judgment entered on the verdict Dr. Pepper appeals. We reverse.

Washington Ice-Royal Products, Inc., located in...

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