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SUN-DROP BOTTLING v. COCA-COLA BOTTLING CO. CONS.

No. C-C-84-513-M.

604 F.Supp. 1197 (1985)

SUN-DROP BOTTLING COMPANY, INCORPORATED, Plaintiff, and Royal Crown Bottling Company — Charlotte, N.C., Pee Dee Bottling Co., Inc. and Sun-Drop Bottling Company, Inc., Intervenor Plaintiffs, v. COCA-COLA BOTTLING CO. CONSOLIDATED, Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

March 22, 1985.

Attorney(s) appearing for the Case

John J. Barnhardt, III, and Ronald T. Lindsay, Bell, Seltzer, Park & Gibson, Charlotte, N.C., Charles D. Gray, III, Gastonia, N.C., Everett J. Bowman, Robinson, Bradshaw & Hinson, Charlotte, N.C., for plaintiff.

Norvin K. Dickerson, III, Helms, Mulliss & Johnston, Charlotte, N.C., for defendant.

ORDER DENYING PRELIMINARY INJUNCTION

McMILLAN, District Judge.

Plaintiff Sun-Drop Bottling Company, Incorporated ("Sun-Drop") moved for a preliminary injunction against certain promotional and marketing practices of defendant Coca-Cola Bottling Co. Consolidated ("Coca-Cola") which it claims violate federal and state anti-trust laws. The motion was heard on January 31, 1985.

In considering whether a preliminary injunction should issue, the court must...

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