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PEPSICO, INC. v. COCA-COLA CO.

No. 98Civ.3282(LAP).

114 F.Supp.2d 243 (2000)

PEPSICO, INC., Plaintiff, v. THE COCA-COLA COMPANY, Defendant.

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

September 19, 2000.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, LLP, New York, NY (Randolph S. Sherman, Richard M. Steuer, of counsel), Jones, Day, Reavis & Pogue, Cleveland, OH (Thomas F. Cullen, Jr., Robert H. Rawson, Jr., of counsel), Richard C. Weisberg, Merion, PA, Gerard W. Casey, PepsiCo, Inc., Purchase, NY, for Plaintiff PepsiCo, Inc.

Akin, Gump, Strauss, Hauer & Feld, L.L.P., New York, NY (Jonathan M. Jacobson, Robert Johnson, Daniel McInnis, of counsel), W. Dixon Shay III, Jonathan Gottlieb, King & Spalding, Atlanta, GA (Michael C. Russ, Jeffrey S. Cashdan, of counsel), Joel M. Neuman, Marshall B. Dukes, the Coca-Cola Company, Atlanta, GA, for Defendant the Coca-Cola Company.

OPINION

PRESKA, District Judge.

In 1986, PepsiCo's then-President and CEO, Roger Enrico, made the following observation in his book, The Other Guy Blinked: How Pepsi Won The Cola Wars:

By comparison [to the major battles of history], of course, the battles that Pepsi-Cola and Coke fight in the Cola Wars are trivial. There are no final defeats. The ammunition we fire at one another is often damn silly stuff. But for all that, our battles...

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