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SHORT v. PEPSICO, INC.

No. CI-82-117.

12 Ohio Misc. 2d 21 (1983)

SHORT v. PEPSICO, INC. ET AL.

Court of Common Pleas of Paulding County.

Decided February 4, 1983.

Attorney(s) appearing for the Case

Young & Bandy Co., L.P.A., and Mr. Erwin J. Bandy, for plaintiff.

Mr. Donald J. Johnson, for defendant PepsiCo, Inc.

Messrs. Jones, Schell & Schaefer and Mr. Willis Jones, for defendant RKO Bottlers.

HITCHCOCK, J.

Defendant PepsiCo, Inc. ("PepsiCo") asks summary judgment dismissing the complaint as to it. The court finds the motion presently well-taken and dismisses the action as to movant, without prejudice, for reasons which follow.

The pleadings and other evidentiary matter in the file establish, without dispute, that:

(1) PepsiCo manufactures and sells to bottling companies the concentrate used...

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