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NORTHERN BOTTLING CO., INC. v. PEPSICO, INC.

No. 20-1065.

5 F.4th 917 (2021)

NORTHERN BOTTLING CO., INC., Plaintiff-Appellant v. PEPSICO, INC., Defendant-Appellee Independent Bottlers Association; Pepsi-Cola Bottlers' Association, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2021.

Attorney(s) appearing for the Case

Kyle Anne Gray , HOLLAND & HART, Billings, MT, Rodney E. Pagel , WEIKUM LAW, PLLC, Bismarck, ND, James Michael Ragain , RAGAIN & CLARK, Billings, MT, Alaina Stedillie , WELBORN SULLIVAN, Casper, WY, Michelle M. Sullivan , SULLIVAN MILLER LAW, Billings, MT, for Plaintiff-Appellant.

Sondra Hemeryck , Thomas Bernard Quinn , RILEY & SAFER, Chicago, IL, John E. Ward , Patrick J. Ward , ZUGER & KIRMIS, Bismarck, ND, for Defendant-Appellee.

Webster Cofield Cash, III , Hugh Q. Gottschalk , WHEELER & TRIGG, Denver, CO, Peter W. Herzog, III , WHEELER & TRIGG, Saint Louis, MO, for Amicus on Behalf of Appellant Independent Bottlers Association.

Marcia V. Andrew , TAFT & STETTINIUS, Cincinnati, OH, for Amicus on Behalf of Appellant Pepsi-Cola Bottlers' Association.

Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.

Northern Bottling Co., Inc. ("Northern") brought claims against Pepsico, Inc. ("PepsiCo"), alleging that PepsiCo failed to protect Northern's interests under their exclusive bottling contracts. The district court1 granted summary judgment to PepsiCo, concluding that the contracts between the parties...

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