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SCHOTT ENTERPRISES, INC. v. PEPSICO, INC.

Nos. 74-2150, 74-2151.

520 F.2d 1298 (1975)

SCHOTT ENTERPRISES, INC., et al., Plaintiffs-Appellants, v. PEPSICO, INC., and Pepsi-Cola Metropolitan Bottling Company, Inc., Defendants-Appellees. SCHOTT ENTERPRISES, INC., et al., Plaintiffs-Appellees, v. PEPSICO, INC., and Pepsi-Cola Metropolitan Bottling Company, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

August 5, 1975.

Attorney(s) appearing for the Case

Irving I. Saul, Dayton, Ohio, for plaintiffs-appellants and plaintiffs-appellees.

R. O. Klausmeyer, Frost & Jacobs, Cincinnati, Ohio, for defendants-appellees and defendants-appellants.

Before WEICK, MILLER and ENGEL, Circuit Judges.

PER CURIAM.

This appeal and cross-appeal are from orders of the District Court entered in a private anti-trust action after a separate trial to the Court on the issue of the validity of a mutual release executed by the parties. The Court held that the mutual release constituted a complete defense to the anti-trust action and that no liability attached to the plaintiff for bringing the action in good faith.

The Schott interests (Schott) at different times held...

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