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MONSTER ENERGY CO. v. CITY BEVERAGES, LLC

Nos. 17-55813, 17-56082.

940 F.3d 1130 (2019)

MONSTER ENERGY COMPANY, fka Hansen Beverage Company, Petitioner-Appellee, v. CITY BEVERAGES, LLC, dba Olympic Eagle Distributing, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 2019.

Attorney(s) appearing for the Case

Michael K. Vaska (argued), Rylan L.S. Weythman , and Devra R. Cohen , Foster Pepper PLLC, Seattle, Washington; Jonathan Solish and David A. Harford , Bryan Cave LLP, Irvine, California; for Respondent-Appellant.

Tanya M. Schierling (argued), Norman L. Smith , and Daniel E. Gardenswartz , Solomon Ward Seidenwurm & Smith LLP, San Diego, California, for Petitioner-Appellee.

Michael D. Madigan and Brandt F. Erwin , Madigan Dahl & Harlan P.A., Minneapolis, Minnesota, for Amicus Curiae National Beer Wholesalers Association.

Dissent by Judge Friedland.

OPINION

City Beverages, LLC, doing business as Olympic Eagle Distributing (Olympic Eagle), and Monster Energy Co. (Monster) signed an agreement providing exclusive distribution rights for Monster's products to Olympic Eagle for a fixed term in a specified territory. After Monster exercised its contractual right...

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