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JOYCE BEVERAGES OF N.Y., INC. v. ROYAL CROWN COLA

No. 82 Civ. 8485(MP).

555 F.Supp. 271 (1983)

JOYCE BEVERAGES OF NEW YORK, INC., Plaintiff and Counterclaim Defendant, v. ROYAL CROWN COLA CO., Defendant and Counterclaim Plaintiff, v. The SEVEN-UP COMPANY, Additional Counterclaim Defendant.

United States District Court, S.D. New York.

January 18, 1983.

Attorney(s) appearing for the Case

Milgrim, Thomajan, Jacobs & Lee by Victoria A. Cundiff, New York City, Sperling, Slater & Spitz, by Paul E. Slater, Chicago, Ill., Pedersen & Houpt, Chicago, Ill., William J. Collier, Jr., Timothy J. Joyce, New Rochelle, N.Y., for plaintiff.

Kirkland & Ellis, by James H. Wallace, Jr., John B. Wyss, Thomas W. Queen, Washington, D.C., Townley & Updike by James K. Leader, New York City, for defendant.

OPINION

MILTON POLLACK, District Judge.

This is an application for a preliminary injunction pursuant to Rule 65 Fed.R.Civ.P. to restrain the defendant from terminating an exclusive franchise to distribute soft drinks and colas in the New York area and to restrain the defendant from naming another distributor in place of plaintiff. It is claimed that if the prospective termination does not constitute a breach of the contract between the parties, then the...

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