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LEONARD v. PEPSICO, INC.

Docket No. 99-9032

210 F.3d 88 (2000)

John D.R. LEONARD, Plaintiff-Appellant, v. PEPSICO, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 17, 2000

Attorney(s) appearing for the Case

David E. Nachman, New York, N.Y. (David N. Ellenhorn, Emily Stern, Solomon, Zauderer, Ellenhorn, Fischer & Sharp, New York, N.Y. on the brief) for Plaintiff-Appellant.

Charles Ossola, New York, N.Y. (Arnold & Porter, Washington D.C., and Arent, Fox, Kitner, Plotkin & Kahn, New York, N.Y. on the brief) for Defendant-Appellee.

Before: FEINBERG, JACOBS and HALL, Circuit Judges.

PER CURIAM.

In 1995, defendant-appellee Pepsico, Inc. conducted a promotion in which it offered merchandise in exchange for "points" earned by purchasing Pepsi Cola. A television commercial aired by Pepsico depicted a teenager gloating over various items of merchandise earned by Pepsi points, and culminated in the teenager arriving at high school in a Harrier Jet, a fighter aircraft of the United States Marine Corps. For each...

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