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ALLEGHENY PEPSI-COLA BOTTLING CO. v. MID-ATLANTIC COCA-COLA BOTTLING CO.

No. 82-1017.

690 F.2d 411 (1982)

ALLEGHENY PEPSI-COLA BOTTLING COMPANY, Appellant, v. MID-ATLANTIC COCA-COLA BOTTLING COMPANY, INC.; The Coca-Cola Company; Bottle Management Corporation; Frank A. Grisanti and Andrew Galef, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1982.

Rehearing and Rehearing Denied November 5, 1982.

Attorney(s) appearing for the Case

Harvey D. Myerson, New York City (Bruce Topman, Lloyd S. Clareman, Arthur H. Ruegger, Daniel J. Cooper, Webster & Sheffield, New York City, Charles R. Waters, II, Kaufman & Canoles, Norfolk, Va., on brief), for appellant.

Richard J. Wertheimer, Washington, D. C. (Kenneth A. Letzler, Robert N. Weiner, Kathleen C. Kauffman, Arnold & Porter, Washington, D. C., Wm. T. Prince, Williams, Worrell, Kelly & Greer, Norfolk, Va., on brief); Mark A. Belnick, New York City (Stuart Robinowitz, Earl H. Doppelt, Richard A. Rosen, Dennis H. Tracey, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, C. Michael Montgomery, Joel Kolodny, Seawell, Dalton, Hughes & Timms, Norfolk, Va., on brief), for appellees.

Before BUTZNER, PHILLIPS, and MURNAGHAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 5, 1982.

MURNAGHAN, Circuit Judge:

Plaintiff Allegheny Pepsi-Cola Bottling Company (Allegheny) appeals from a judgment in an anti-trust action in favor of defendants Mid-Atlantic Coca-Cola Bottling Company (Mid-Atlantic), the Coca-Cola Company (Coca-Cola), and three other defendants. Allegheny contends that the trial was marred by serious procedural and substantive defects. We have concluded that, while the district...

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