COCA-COLA BOTTLING CO. OF SHREVEPORT v. COCA-COLA COMPANY

Civ. A. Nos. 83-95, 83-120.

563 F.Supp. 1122 (1983)

COCA-COLA BOTTLING COMPANY OF SHREVEPORT, INC., et al., Plaintiffs, v. The COCA-COLA COMPANY, A Delaware Corporation, Defendant. ALEXANDRIA COCA-COLA BOTTLING COMPANY, LTD., et al., Plaintiffs, v. The COCA-COLA COMPANY, A Delaware Corporation, Defendant.

United States District Court, D. Delaware.

April 29, 1983.


Attorney(s) appearing for the Case

Edmund N. Carpenter, II, Charles F. Richards, Jr., Jesse A. Finkelstein, and Thomas A. Beck, Richards, Layton & Finger, Wilmington, Del., for plaintiffs and intervenors; Emmet J. Bondurant, H. Lammar Mixson, Thomas B. Metzloff, and Deborah J. Merritt, Bondurant, Miller, Hishon & Stephenson, Atlanta, Ga., Roger N. Nanovic, Bondurant, Miller, Hishon & Stephenson, Jim Thorpe, Pa., Epperson, Good-paster & Johnsen, Tulsa, Okl., Miles J. Alexander, Kilpatrick & Cody, Atlanta, Ga., of counsel.

Andrew B. Kirkpatrick, Jr., William O. LaMotte, III, and Richard D. Allen, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant; Frank C. Jones, Michael C. Russ, and George S. Branch, King & Spalding, Atlanta, Ga., Jerome Gilson, Hume, Clement, Brinks, Willian & Olds, Ltd., Chicago, Ill., of counsel.


MURRAY M. SCHWARTZ, District Judge.

Multimedia advertising proclaims "Coke is it," but what is "it"? Is diet Coke "it"? These are some of the questions currently before the Court. The plaintiffs1 in these two unconsolidated lawsuits seek declaratory, injunctive and monetary relief against the Coca-Cola Company (the "Company") based upon allegations of breach of contract, violation of two 1921...

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