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COCA-COLA BOT. CO. OF STEAMBOAT SPRINGS v. COCA-COLA CO.

No. 623-69.

447 F.2d 635 (1971)

COCA-COLA BOTTLING COMPANY OF STEAMBOAT SPRINGS, a Corporation, Appellant, v. The COCA-COLA COMPANY, a Corporation, Appellee.

United States Court of Appeals, Tenth Circuit.

On Rehearing September 8, 1971.

Attorney(s) appearing for the Case

William J. Hunsaker, Denver, Colo. (Johnson, Makris, Simon & Sterling, P. C., Denver, Colo., on the brief), for appellant.

Raymond J. Turner, Denver, Colo. (Dawson, Nagel, Sherman & Howard, and John C. Mitchell, III, Denver, Colo., on the brief), for appellee.

Before BREITENSTEIN and SETH, Circuit Judges, and TEMPLAR, District Judge.

SETH, Circuit Judge.

This damage action for breach of contract was brought by the appellant corporation which held a franchise from the defendant, The Coca-Cola Company. The case was tried to the court which found for the defendant.

On this appeal the plaintiff urges that the evidence does not support the finding of the trial court that there was a mutual cancellation of the bottling contract and the contract covering the purchase and handling of pre-mix Coca...

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