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FIRST BEVERAGES, INC., ETC. v. ROYAL CROWN COLA CO.

Nos. 77-3536, 78-1050.

612 F.2d 1164 (1980)

FIRST BEVERAGES, INC. OF LAS VEGAS, a Nevada Corporation, and Norton Packaging, Inc. of Arizona, an Arizona Corporation, Plaintiffs-Appellants, and Will Norton, Counter-Defendant-Appellant, v. ROYAL CROWN COLA CO., a Delaware Corporation, Defendant-Appellee, and Royal Crown Beverage Co., etc., et al., Defendants. H & M SALES CO., INC. and Mae-Con Enterprises, Inc., Plaintiffs-Appellants, v. ROYAL CROWN COLA CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 30, 1980.

Attorney(s) appearing for the Case

William Lee McLane, Phoenix, Ariz., for plaintiffs-appellants.

Joel R. Bennett, Kendrick, Netter, Orr & Bennett, Los Angeles, Cal., on brief; James H. Wallace, Jr., Washington, D. C., for defendants-appellees.

Before CHOY and TANG, Circuit Judges, and FOLEY, District Judge.

CHOY, Circuit Judge:

Appellants filed suit contending that Royal Crown Cola Co.'s vertically-imposed territorial market restrictions violated § 1 of the Sherman Antitrust Act. Royal Crown responded that its exclusive territorial trademark licensing system was lawful and filed breach of contract and antitrust counterclaims against appellants.

The jury found in Royal Crown's favor on appellants' claims and on the counterclaims. We affirm.

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