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LOWENSTEIN v. PEPSI-COLA BOTTLING CO. OF PENNSAUKEN

Nos. 75-1628 and 76-1040.

536 F.2d 9 (1976)

Inez V. LOWENSTEIN, Individually, and A. Moore Lifter, Jerome L. Markovitz, Susan L. Chace, Jane B. Lowenstein and Inez V. Lowenstein, co-executors of the Estate of Emanuel D. Lowenstein, Successors in interest to BBCI, Inc., Successor in interest to Booth Bottling Co., Inc., Appellants, v. PEPSI-COLA BOTTLING CO. OF PENNSAUKEN and Canada Dry Delaware Valley Bottling Company, Appellees.

United States Court of Appeals, Third Circuit.

Decided May 21, 1976.

Attorney(s) appearing for the Case

LeRoy E. Perper, Theodore W. Flowers, Richard M. Jordan, Philadelphia, Pa., for appellants; White & Williams, Philadelphia, Pa., of counsel.

Theodore R. Mann, Philadelphia, for appellees; Mann & Ungar, Professional Ass'n, David Berger, P. A., Philadelphia, Pa., of counsel.

Before HUNTER, BIGGS and GARTH, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The complaint in this suit was filed by Booth Bottling Company, Inc. (Booth) on June 5, 1970.1 After lengthy proceedings which need not be set out here, Pepsi-Cola Bottling Co. of Pennsauken (Pepsi) was found by a jury to have violated the Sherman Act, 15 U.S.C. § 1, and to have committed breach of contract. Substantial damages were awarded.

Pepsi2

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