COCA-COLA BOTTLING OF ELIZABETHTOWN v. COCA-COLA CO.

Civ. A. No. 81-48 MMS.

668 F.Supp. 906 (1987)

COCA-COLA BOTTLING COMPANY OF ELIZABETHTOWN, INC., et al., Plaintiffs, v. The COCA-COLA COMPANY, Defendant.

United States District Court, D. Delaware.

September 1, 1987.


Attorney(s) appearing for the Case

Edmund N. Carpenter II, Charles F. Richards, Jr., Jesse A. Finkelstein, of Richards, Layton & Finger, Wilmington, Del. (Emmet J. Bondurant, Jane V. Vehko, and Jeffrey D. Horst, of Bondurant, Mixson & Elmore, Atlanta, Ga., J. Barry Epperson, of Epperson, Goodpaster & Johnston, Tulsa, Okl., M.B. Jackson, of MacDonald, Halsted & Laybourne, Los Angeles, Cal., of counsel), for plaintiffs and intervenors.

Andrew B. Kirkpatrick, Jr., Richard D. Allen, and Michael Houghton, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del. OF COUNSEL: (Griffin B. Bell, Frank C. Jones, Chilton Davis Varner, and Dwight J. Davis, of King & Spalding, Atlanta, Ga., of counsel), for defendant.


OPINION

MURRAY M. SCHWARTZ, Chief Judge.

The battle between the Coca-Cola Company ("Company") and a shrinking band of bottlers has escalated with the Company's proposal to supply the plaintiffs with sucrose-sweetened Coca-Cola syrup ("sucrose syrup"). Plaintiffs filed motions for a preliminary injunction to enjoin the Company from supplying sucrose syrup and to amend their complaint to more accurately reflect their claims in light of developments since this...

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