COCA-COLA CO. v. STEWART

Nos. 79-1539, 79-1540.

621 F.2d 287 (1980)

The COCA-COLA COMPANY, Appellant, v. Charles R. STEWART, Mildred Stewart, d/b/a Crossroads of Riverside and Jockey Club Bar & Grill, Appellees. The COCA-COLA COMPANY, Appellant, v. Lawrence P. MORAN, Ruth Moran, d/b/a Patricio Mexican Food, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 1, 1980.


Attorney(s) appearing for the Case

Rynn Berry, Fish & Neave, New York City, for appellant; Joseph J. Kelly, Jr., and Curtis E. Woods, Spencer, Fane, Britt & Browne, Kansas City, Mo., Vincent N. Palladino and Charles P. Kennedy, New York City, and James W. Young and Elmer W. Hanak, Atlanta, Ga., on brief.

Arvid V. Zuber, Rosenwald, Jacob, Bressel, Jacob & Meglemre, Kansas City, Mo., for appellees in case number 79-1540; Jerold A. Bressel, Kansas City, Mo., on brief.

Before LAY, Chief Judge; BRIGHT and HENLEY, Circuit Judges.


BRIGHT, Circuit Judge.

Coca-Cola Co. appeals an order of the district court dismissing its actions against appellees, who separately operate restaurants in Riverside and Kansas City, Missouri. Coca-Cola Co. filed the present lawsuits accusing appellees of contempt when they allegedly failed to comply with standing injunctions against passing off other products as Coca-Cola or Coke. The district court determined that, while...

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