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BARQ'S INC. v. BARQ'S BEVERAGES, INC.

Civ. A. No. 79-114.

677 F.Supp. 449 (1987)

BARQ'S INC. v. BARQ'S BEVERAGES, INC. and Barq's Beverages of Baton Rouge, Inc.

United States District Court, E.D. Louisiana.

December 4, 1987.

Attorney(s) appearing for the Case

Phillip A. Wittman, T.A., Paul L. Zimmering, Stone, Pigman, Walther, Wittman & Hutchinson, New Orleans, La., William Lee Guice, III, Rushing & Guice, Biloxi, Miss., and George T. Mobille, Robert W. Adams, Cushman, Darby & Cushman, Washington, D.C., for plaintiff.

Donald R. Mintz, T.A., Leopold Z. Sher, McGlinchey, Stafford, Mintz & Hoffman, New Orleans, La., and William David Kiesel, T.A., Michael A. Patterson, Roy, Kiesel, Patterson & Abadie, Baton Rouge, La., for defendants.

WICKER, District Judge.

This matter was submitted to the Court on a former date. After considering the record, the exhibits, the briefs and arguments of counsel and the applicable law, motion of plaintiff and defendant in counterclaim, Barq's Inc., for summary judgment dismissing defendants' antitrust defenses and Count II of their counterclaim is granted for the following reasons:

Barq's Inc., a Mississippi corporation, (hereinafter Barq's Biloxi) a manufacturer...

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