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PEPSI-COLA METRO. BOTTLING CO. v. CHECKERS, INC.

No. 83-1422.

754 F.2d 10 (1985)

PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC., Plaintiff, Appellee, v. CHECKERS, INC., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 28, 1985.

Attorney(s) appearing for the Case

C. Deborah Phillips, Boston, Mass., with whom Steven J. Marullo, William F. Coyne, Jr., and Marullo & Barnes, Boston, Mass., were on brief, for defendants, appellants.

Toni G. Wolfman, Boston, Mass., with whom Loyd M. Starrett, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, COWEN, Senior Circuit Judge, and BOWNES, Circuit Judge.

LEVIN H. CAMPBELL, Chief Judge.

This case, instituted in the district court by Pepsi-Cola Metropolitan Bottling Co., Inc. ("Metropolitan") against a customer, Checkers, Inc. ("Checkers"), to collect an indebtedness of $61,603.21, indicates that collecting a virtually undisputed debt may not be easy.

Thwarted by Checkers's insolvency, Metropolitan amended its complaint to include Checkers's principal, one Randolph L...

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