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EASTSIDE VEND v. PEPSI

No. 33, Sept. Term, 2006.

913 A.2d 50 (2006)

396 Md. 219

EASTSIDE VEND DISTRIBUTORS, INC. v. The PEPSI BOTTLING GROUP, INC.

Court of Appeals of Maryland.

December 19, 2006.

Attorney(s) appearing for the Case

Benjamin Rosenberg (Andrew H. Baida, David M. Wyand, Hilary B. Ruley, ROsenberg, Martin, Greenberg, LLP, Baltimore, on brief), for petitioner.

James P. Ulwick (Kramon & Graham, P.A., Baltimore, Richard M. Steuer, Mayer, Brown, Rowe & Maw, LLP, New York, NY, Jay S. Brown, Charles A. Rothfeld, Mayer, Brown, Rowe & Maw, LLP, Washington, DC, all on brief), for respondent.

Michael F. Brockmeyer, Frommer Lawrence & Haug, LLP, Washington, DC, amicus curiae.

Argued before Bell, C.J., Raker, Wilner, Cathell, Harrell, Greene and Eldridge, John C. (Retired, Specially assigned), JJ.

CATHELL, J.

This case arises from the denial of a motion for preliminary injunction. On May 7, 2004, Eastside Vend Distributors, Inc. ("Eastside"), petitioner, filed a complaint in the Circuit Court for Baltimore City against Coca Cola Enterprises, Inc. ("CCE"), The Pepsi Bottling Group, Inc. ("PBG"), and Mars Super Markets, Inc. ("Mars"). As relevant to this particular action before the Court, the complaint alleged violation of the Maryland Antitrust Act

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