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DELIGIANNIS v. PEPSICO, INC.

No. 88 Civ. 6243 (SWK).

757 F.Supp. 241 (1991)

Aristomenis DELIGIANNIS, Niki Deligiannis, Robert A. Deligiannis and Constantine A. Deligiannis, Plaintiffs, v. PEPSICO, INC., a North Carolina corporation, Pepsi-Cola Metropolitan Bottling Company, Inc., a New Jersey corporation, Defendants.

United States District Court, S.D. New York.

January 29, 1991.

Attorney(s) appearing for the Case

Thompson, Hine and Flory, Akron, Ohio by Richard E. Guster, Kevin J. Breen, Dowdy, Kitchens, Whittington & Burkhalter, McComb, Miss. by Ronald L. Whittington, Vincent J. DeSalvo, Baton Rouge, La. and Boyle, Voegler & Haimes, New York City (Michael J. Levin, of counsel), for plaintiffs.

Kaye, Scholer, Fierman Hays & Handler, New York City by Fred A. Freund, Richard M. Steuer, Sally J. Forman and David I. Lewittes, for defendants.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Plaintiffs bring this diversity action to recover damages in excess of $92 million arising out of an alleged contract with defendants concerning the purchase and sale of certain bottling companies and bottling licenses. In May 1989, the Court dismissed the antitrust claims and all claims asserted by Deep South Pepsi-Cola Bottling Company, for failure to state a claim upon which relief could be granted in...

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