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PEPSICO, INC. v. PEPSI-COLA BOTTLING CO. OF ASBURY PARK

261 A.2d 520 (1969)

PEPSICO, INC., a corporation of the State of Delaware, formerly known as Pepsi-Cola Company, Defendant Below, Appellant, v. PEPSI-COLA BOTTLING COMPANY OF ASBURY PARK, a corporation of the State of New Jersey, and Pepsi-Cola Newburgh Bottling Co., Inc., a corporation of the State of New York, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

December 17, 1969.

Attorney(s) appearing for the Case

William S. Potter and Charles S. Crompton, Jr., of Potter, Anderson & Corroon, Wilmington, for defendant below, appellant.

E. Norman Veasey and Richard F. Balotti, of Richards, Layton & Finger, Wilmington, for plaintiffs below, appellees.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

This is an appeal by the defendant from an order of the Court of Chancery requiring it to produce certain documents, to answer certain questions on oral deposition and written interrogatories, and to respond to certain requests for admission. The plaintiffs move to dismiss the appeal on the ground that such interlocutory order on discovery matters is not an appealable order.

In this action, the plaintiffs seek a declaratory judgment establishing...

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