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COTT BEVERAGE CORPORATION v. CANADA DRY GINGER ALE

146 F.Supp. 300 (1956)

COTT BEVERAGE CORPORATION, Plaintiff, v. CANADA DRY GINGER ALE, Incorporated, Roy W. Moore, Kingman Moore, Roy W. Moore, Jr., William J. Williams, S. Bayard Colgate, Wilbur M. Collins, William N. Enstrom, Kenneth J. Hanau, James M. Mathes, and Eugene W. Stetson, Jr., Defendants.

United States District Court S. D. New York.

November 13, 1956.

Attorney(s) appearing for the Case

Bader & Bader, New York City, for plaintiff. I. Walton Bader, New York City, of counsel.

Cravath, Swaine & Moore, New York City (Ralph L. McAfee, Allen F. Maulsby, New York City, of counsel), for defendants Canada Dry Ginger Ale, Inc. Roy W. Moore, Kingman Moore, Roy W. Moore, Jr., William J. Williams, Wilbur M. Collins.

McGOHEY, District Judge.

The corporate defendant and the individual defendants Williams, Collins and the three Moores attack on several grounds the four "Causes of Action" set forth in the complaint.

The first alleges that the corporate defendant and its several directors conspired, in violation of Sec. 1 of the Sherman Act, 15 U.S.C.A. § 1, to restrain interstate commerce in soft drinks. No others are alleged to have participated in the conspiracy.<...

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