FRANKLIN DIST. CO. v. CRUSH INTERN. (U.S.A.)


726 S.W.2d 926 (1986)

FRANKLIN DISTRIBUTING CO., INC. and E. Thomas Gray, d/b/a Gray Enterprises, Inc., Plaintiffs-Appellants, v. CRUSH INTERNATIONAL (U.S.A.), INC.; Sun Drop Bottling Co., Inc.; Julian Johnson, Individually and as Executor of the Estate of Mary Smith Johnson; David Johnson, Sr. and wife, Mary Wade Johnson, David Johnson, Jr. and wife, Beverly Johnson, Glenn Gordon and wife, Jo Anne Gordon, all individually and d/b/a J & G Building Partnership, William N. Wall and wife, Roberta M. Wall; and Herb Helton, Defendants-Appellees, and Marshall County Soft-Drink Distributors, Inc., Third-Party Defendant.

Court of Appeals of Tennessee, Western Section, at Nashville.

Application for Permission to Appeal November 12, 1986.

Application to Appeal Denied January 5, 1987.


Attorney(s) appearing for the Case

Boult, Cummings, Conners & Berry, Davis H. Carr, Robert S. Patterson, Samuel D. Lipshie, Nashville, and Dubois & Graham, James T. DuBois, Columbia, for plaintiffs-appellants.

Kirkland & Ellis, William A. Streff, Jr., Chicago, Ill., and Colley and Kennedy, Jerry C. Colley, Columbia, for defendant-appellee Crush Intern. (U.S.A.).


Application for Permission to Appeal to Supreme Court November 12, 1986.

Application to Appeal Denied by Supreme Court January 5, 1987.

FARMER, Judge.

This case originated in Chancery Court of Maury County with the plaintiffs, Franklin Distributing Company, Inc., (Franklin) and E. Thomas Gray, president and owner of Franklin, seeking a declaratory judgment that Franklin is the sole distributor of Sun Drop Cola in Maury and Williamson Counties. The...

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