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SEVEN-UP BOTTLING CO. v. SEVEN-UP CO.

No. 75-973C (A).

420 F.Supp. 1246 (1976)

SEVEN-UP BOTTLING COMPANY, a Missouri Corporation, Plaintiff, v. The SEVEN-UP COMPANY, a Missouri Corporation, and Seven-Up Services, Inc., a Missouri Corporation, Defendants.

United States District Court, E. D. Missouri, E. D.

September 20, 1976.

Attorney(s) appearing for the Case

Thompson & Mitchell, St. Louis, Mo., for plaintiff.

Bryan, Cave, McPheeters & McRoberts, Veryl Riddle, St. Louis, Mo., for defendants.

MEMORANDUM AND ORDER

HARPER, District Judge.

This matter is before the Court on the motion of defendants, The Seven-Up Company and Seven-Up Services, Inc., to dismiss the complaint of plaintiff, Seven-Up Bottling Company, for lack of jurisdiction over the subject matter, Rule 12(b)(1) FRCP, and for failure to state a claim upon which relief can be granted, Rule 12(b)(6) FRCP.

Plaintiff, Seven-Up Bottling Company (hereinafter referred to as plaintiff...

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