COCA-COLA CO. v. BABYBACK'S INTERN., INC.

No. 49S02-0408-CV-380.

841 N.E.2d 557 (2006)

The COCA-COLA COMPANY, and Coco-Cola Enterprises Inc., Appellants (Defendants below), Hondo, Incorporated d/b/a Coca-Cola Bottling Company indianapolis, a/k/a Coca-Cola Bottling Company Indianapolis, Inc., (Defendant below), v. BABYBACK'S INTERNATIONAL, INC., Appellee (Plaintiff below).

Supreme Court of Indiana.

February 1, 2006.


Attorney(s) appearing for the Case

Gary P. Price, Peter S. French, Matthew S. Tarkington, Lewis & Kappes, P.C., Indianapolis, for Appellant Coca-Cola Company.

Kent M. Frandsen, Carol Sparks Drake, Parr Richey Obremskey & Morton, Lebanon, for Appellant Coca-Cola Enterprises Inc.

Marvin Mitchell, Richard J. Dick, Stephen P. Kenley, Mitchell Hurst Jacobs & Dick, LLP, Indianapolis, for Appellee Babyback's International, Inc.


DICKSON, Justice.

This opinion centers on the enforceability of an alleged business agreement reflected in a memo prepared and faxed by one party to another. The trial court denied separate motions for summary judgment filed by each of the three defendants, but certified its order for interlocutory appeal for two of the defendants. As to its denial of the motion for partial summary judgment filed by defendant Coca-Cola Enterprises Inc. ("CCE"), the trial court's certification...

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