OWENS v. PEPSI COLA BOTTLING CO.

No. 8825SC590.

381 S.E.2d 819 (1989)

Michael OWENS, d/b/a Owens Express v. PEPSI COLA BOTTLING COMPANY OF HICKORY, N.C., INC.

Court of Appeals of North Carolina.

August 15, 1989.


Attorney(s) appearing for the Case

Tuggle Duggins Meschan & Elrod, P.A. by Joseph F. McNulty, Jr. and William R. Sage, Greensboro, for plaintiff-appellant.

Petree Stockton & Robinson by George L. Little, Jr. and J. David Mayberry, Winston-Salem, for defendant-appellee.


ORR, Judge.

Plaintiff is the owner of Owens Express, a convenience-type store which is located in Granite Falls, North Carolina. Among other things, plaintiff sells Pepsi-Cola (Pepsi) brand soft drinks which he purchases from Pepsi-Cola Bottling Company of Hickory, North Carolina (Hickory Pepsi), the defendant. Hickory Pepsi is the exclusive bottler, distributor and seller of Pepsi products in several northwestern North Carolina counties including plaintiff's county...

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