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GREEN COUNTRY FOOD v. BOTTLING GROUP

No. 02-5076.

371 F.3d 1275 (2004)

GREEN COUNTRY FOOD MARKET, INC., d/b/a Collinsville IGA; Green Country Food Market No. 3, Inc., d/b/a Harvest Fine Foods No. 3; Green Country Food Market No. 4, Inc., d/b/a Harvest Find Foods No. 4; Green Country Food Market No. 5, Inc., d/b/a Harvest Fine Foods No. 5; Green Country Food Market No. 6, Inc., d/b/a Cushing IGA; Brissa, Inc., d/b/a Foodworld IGA; Plaza Redbud Inc., d/b/a Plaza Redbud Supermarket; and Net-mor Food Outlet, Inc., d/b/a Net-mor Food Outlet, Plaintiffs-Appellants, v. BOTTLING GROUP, LLC and Bottling Group Holdings, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 22, 2004.

Attorney(s) appearing for the Case

Keith A. Ward (Nancy C. Curtis with him on the briefs) Richardson, Stoops, Richardson & Ward, Tulsa, OK, for Plaintiffs-Appellants.

Jon E. Brightmire (James P. McCann and R. Charles Wilkin III, with him on the brief) Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK, for Defendants-Appellees.

Before EBEL, BALDOCK, and KELLY, Circuit Judges.

EBEL, Circuit Judge.

Plaintiffs, retail grocery stores operating in the Tulsa, Oklahoma area, brought this diversity action under the Oklahoma Antitrust Reform Act against their local distributor of Pepsi and affiliated beverage products and its holding company ("Bottling Group" and "Holdings"). Plaintiffs alleged that Bottling Group unlawfully discontinued sales to Plaintiffs in response to a price discrimination lawsuit Plaintiffs had previously brought against...

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