MONTANA VENDING, INC. v. COCA-COLA BOTTLING CO.

No. 02-106.

78 P.3d 499 (2003)

2003 MT 282

MONTANA VENDING, INC., a Montana corporation, Plaintiff, v. The COCA-COLA BOTTLING COMPANY OF MONTANA, a corporation; BCI Coca-Cola Bottling Company of Los Angeles, a corporation; Pepsi-Cola Bottling Company of Great Falls, a corporation; Admiral Beverage Corporation, a corporation; Pepsico, Inc., a corporation; and The Great Falls Public School District, Defendants.

Supreme Court of Montana.

Decided October 9, 2003.


Attorney(s) appearing for the Case

For Plaintiff: Alexander Blewett, III, and Christopher D. Meyer (argued), Hoyt & Blewett, Great Falls, Montana.

William P. Conklin (argued), Conklin, Nybo, Leveque & Lanning, Great Falls, Montana, for Coca-Cola Companies.

Jeanne M. Bender, Kyle A. Gray (argued), and Michelle M. Milhollin, Holland & Hart, Billings, Montana, for Pepsi-Cola and Admiral Beverage.

James R. Walsh and Dennis P. Clarke, Smith, Walsh, Clarke & Gregoire, Great Falls, Montana, for Pepsico.

Charles R. Johnson (argued), Marra, Wenz & Johnson, Great Falls, Montana, for Great Falls Public School District.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Pursuant to Rule 44(c) of the Montana Rules of Appellate Procedure, Judge Sam E. Haddon of the United States District Court for the District of Montana, Great Falls Division, certified two questions to this Court. By order dated March 7, 2002, Judge Haddon recused himself, and Chief Judge Donald W. Molloy of the United States District Court for the District of Montana, Missoula Division, now presides...

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