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MUSSETTER DISTRIBUTING, INC. v. DBI BEVERAGE INC.

No. C-09-03112 RMW.

685 F.Supp.2d 1028 (2010)

MUSSETTER DISTRIBUTING, INC., a California corporation, Plaintiff. v. DBI BEVERAGE INC., a Tennessee corporation, Defendant.

United States District Court, N.D. California, San Jose Division.

February 3, 2010.

Attorney(s) appearing for the Case

John G. Hursh, Karen Elizabeth Wentzel, Patricia Anne Welch, for Plaintiff.

Elise Kathryn Sara, Jonathan P. Hersey, Mark Kenneth Slater, for Defendant.

Jesse Frank Ruiz, Alissa Brett Rubin, Michael W. Youtt, Russell D. Workman, for Intervenor.

Brian C. Rocca, for Amicus.

John G. Hursh, Karen Elizabeth Wentzel, Patricia Anne Welch, Dorsey & Whitney LLP, Palo Alto, CA, for Plaintiff.

Mark K. Slater, Mark Kenneth Slater, Elise Kathryn Sara, Sheppard Mullin Richter & Hampton, LLP, San Francisco, CA, Jonathan Peter Hersey, Sheppard Mullin Richter & Hampton LLP, Costa Mesa, CA, for Defendant.

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

RONALD M. WHYTE, District Judge.

Presently before the court are the motions for summary judgment by plaintiff Mussetter Distributing, Inc., defendant DBI Beverage, Inc., and intervenor MillerCoors LLC. The motions have been submitted for decision on the papers without oral argument. The court has considered the papers submitted by the parties and the amicus curiae papers submitted by California Beer and Beverage...

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