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U.S. v. BLUE MOUNTAIN BOTTLING CO. OF WALLA WALLA

Nos. 90-30075, 90-30077 and 90-30078.

929 F.2d 526 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. BLUE MOUNTAIN BOTTLING CO. OF WALLA WALLA, d/b/a 7-Up Bottling Co. of Walla Walla, also d/b/a 7-Up Bottling Co. of Tri-Cities, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. COCA-COLA BOTTLING CO. — YAKIMA, also d/b/a Coca-Cola Bottling Co. — Tri Cities, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. PEPSI-COLA BOTTLING COMPANY OF WALLA WALLA, Pepsi-Cola Bottling Company of Pasco, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 4, 1991.

Attorney(s) appearing for the Case

John J. Powers III, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Leslie R. Weatherhead, Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., for defendants-appellees.

Jeffrey C. Sullivan and Janet Foster Goodwill, Yakima County Pros. Atty.'s Office, Yakima, Wash., for amici curiae.

Before WRIGHT, BRUNETTI and LEAVY, Circuit Judges.

BRUNETTI, Circuit Judge:

The United States appeals from the sentences imposed on corporate defendants who pled guilty to violations of the Sherman Act. We vacate the sentences and remand to the district court for resentencing.

I.

The facts of this case are not in dispute. In October 1989, the United States filed informations against four soft drink bottling companies and two individuals, charging them with engaging in combinations and conspiracies...

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