BILLY BAXTER, INC. v. COCA-COLA COMPANY

No. 697, Docket 34072.

431 F.2d 183 (1970)

BILLY BAXTER, INC., Plaintiff-Appellant, v. The COCA-COLA COMPANY and Cana da Dry Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 25, 1970.


Attorney(s) appearing for the Case

James V. Joy, Jr., New York City (Greenburg & Adler, Lucille J. Becker, and Edward V. Egert, New York City, on the brief), for plaintiff-appellant.

Allan Blumstein, New York City (Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, and Paul R. Verkuil, New York City, on the brief for defendant-appellee The Coca-Cola Company. Dewey, Ballantine, Bushby, Palmer & Wood, Edward N. Sherry and Robert A. Meister, New York City, on the brief for defendant-appellee Canada Dry Corp.), for defendants-appellees.

Before WATERMAN and ANDERSON, Circuit Judges, and WEINFELD, District Judge.


ANDERSON, Circuit Judge:

Appellant Billy Baxter, Inc., is a Pennsylvania corporation organized in 1962 for the purpose of selling or otherwise granting franchises authorizing the production and bottling of a line of nonalcoholic carbonated beverages under the federally-registered trademark "Billy Baxter." The beverages, which include club soda, quinine water, ginger ale, ginger beer, sarsaparilla, root beer, and "lime 'n...

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