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OWENS v. PEPSI COLA BOTTLING CO.

No. 440PA89.

412 S.E.2d 636 (1992)

330 N.C. 666

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

Supreme Court of North Carolina.

January 27, 1992.

Attorney(s) appearing for the Case

Tuggle Duggins Meschan & Elrod, P.A. by Joseph F. McNulty, Jr., Greensboro, for plaintiff-appellee.

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

EXUM, Chief Justice.

Plaintiff, a retailer of Pepsi-Cola products, brought this action against defendant, a bottler and distributor of these products, alleging unfair practices and price-fixing under Chapter 75 of our General Statutes, fraud and tortious interference with prospective economic advantage. Defendant pleaded the protections of the Soft Drink Interbrand Competition Act of 1980 (Soft Drink Act), 15 U.S.C. §§ 3501-03.

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