Supreme Court of Texas Blog

No. 03-0737
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THE COCA-COLA COMPANY, ET AL. v. HARMAR BOTTLING COMPANY, ET AL.

Oral argument was held on November 9, 2004. The Court issued an opinion resolving the case on October 20, 2006. It then denied rehearing on May 4, 2007 File Closed

Opinions

October 20, 2006

Hecht
Wainwright
Green
Johnson
Willett

Justice Hecht delivered the opinion of the Court, joined by Justice Wainwright, Justice Green, Justice Johnson, and Justice Willett PDF

Brister
Jefferson
Oneill
Medina

Justice Brister delivered a dissenting opinion, joined by Chief Justice Jefferson, Justice O'Neill, and Justice Medina PDF

 

Court of Appeals

Appellate District:6th Court of Appeals
Outcome Below:Aff., Rev & Rem
COA Docket No.:06-01-00120-CV
Opinion Author:Honorable Josh R. Morriss

Trial Court

Trial Court:76th District Court
County:Morris
Trial Judge:Honorable Jimmy L. White
Trial Docket:17,569

Docket Entries

Date Event Outcome  
2007-05-08 Case Stored  
2007-05-07 Mandate issued  
2007-05-04 Motion for Rehearing - Disposed Denied
2007-04-04 Amicus Curiae Brief received  
2007-03-29 Amicus Curiae Brief received  
2007-03-09 Electronic copies of brief posted to website  
2007-03-07 Amicus Curiae Brief received  
2007-03-05 Additional Copies received  
2007-03-05 Amicus Curiae Brief received  
2007-03-02 Amicus Curiae Letter Received  
2007-03-02 Response to Motion for Rehearing (Petitioner)  
2007-03-02 Correction filed (See Remarks)  
2007-03-02 Electronic copies of brief posted to website  
2007-02-26 Amicus Curiae Letter Received  
2007-02-15 Supreme Court of Texas Requested Response  
2007-02-14 Amicus Curiae Brief received  
2007-02-05 Electronic copies of brief posted to website  
2007-02-05 Letter Filed  
2007-02-05 Adoption by another party of brief already filed  
2007-02-05 Electronic copies of brief posted to website  
2007-01-25 Amicus Curiae Brief received  
2007-01-22 Amicus Curiae Letter Received  
2007-01-18 Phone call from Clerk's Office  
2007-01-18 Electronic copies of brief posted to website  
2007-01-18 Electronic copies of brief posted to website  
2007-01-08 Amicus Curiae Letter Received  
2006-12-13 Amicus Curiae Letter Received  
2006-12-01 Case forwarded to Court
2006-12-01 Motion for Rehearing  
2006-11-22 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2006-11-21 Motion for Extension of Time to File Motion for Rehearing  
2006-11-21 Electronic copies of brief posted to website  
2006-11-07 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2006-11-06 Address Change  
2006-11-02 Motion for Extension of Time to File Motion for Rehearing  
2006-10-20 Dissenting opinion issued. Issued
2006-10-20 Opinion issued Court of Appeals' judgment reversed & judgment rendered
2006-10-20 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between May 18, 2005 and October 20, 2006.  
2005-05-18 Additional citations received. (Petitioner)  
  This case was awaiting the Court's decision after oral argument between November 12, 2004 and May 18, 2005.  
2004-11-12 Exhibits in case/cause filed (Petitioner)  
2004-11-09 Oral argument  
2004-11-04 Response to Amicus Curiae Brief filed (Respondent)  
2004-11-04 Post submission brief filed (Respondent)  
2004-10-19 Electronic copies of brief posted to website  
2004-10-06 Miscellaneous motion disposed. See Remarks.   Filing granted
2004-10-06 Miscellaneous motion disposed. See Remarks.   Filing granted
2004-10-04 Miscellaneous Motion  
2004-10-04 Miscellaneous Motion  
2004-10-01 Electronic copies of brief posted to website  
2004-09-15 Electronic copies of brief posted to website  
2004-09-15 Electronic copies of brief posted to website  
2004-09-15 Electronic copies of brief posted to website  
2004-09-10 Submission reset   Case set for oral argument
2004-09-03 Petition for Review disposed Filing granted
2004-09-03 Petition for Review granted
2004-09-03 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between July 9, 2004 and September 3, 2004.  
2004-07-09 Amicus Curiae Brief received  
2004-06-22 Amicus Curiae Brief received  
2004-06-18 Reply Brief (Petitioner)  
2004-06-07 Description of document returned to Supreme Court  
2004-05-27 Brief on the Merits (Respondent)  
2004-05-27 Motion for Extension of Time disposed.   Filing granted
2004-05-25 Motion for Extension of Time to File Brief filed  
2004-05-20 Motion for Extension of Time to File Brief filed  
2004-05-20 Motion for Extension of Time disposed.   Filing granted
2004-04-28 Address Change  
2004-04-20 Motion for Extension of Time disposed.   Filing granted
2004-04-20 Motion for Extension of Time to File Brief filed  
2004-03-31 Brief on the Merits (Petitioner)  
2004-02-11 Sealed document filed in case  
2004-02-11 Motion for Extension of Time disposed.   Filing granted
2004-02-11 Record Received (See Remarks)  
2004-02-10 Phone call from Clerk's Office  
2004-02-10 Notice requesting filing fee  
2004-02-10 Motion for Extension of Time to File Brief filed  
2004-01-29 Brief on the Merits Requested  
2004-01-29 Record Requested in Petition for Review  
2004-01-07 Correction filed (See Remarks)  
2003-12-31 Additional citations received. (Petitioner)  
2003-12-18 Letter Received  
2003-12-15 Notice from Counsel of a change in address  
2003-12-12 Reply to Response (Petitioner)  
2003-12-09 Case forwarded to Court
2003-12-03 Response to Petition (Respondent)  
2003-12-03 Call received  
2003-11-10 Amicus Curiae Brief received  
2003-10-24 Motion for Extension of Time to File Response  
2003-10-24 Motion for Extension of Time to File Response disposed   Filing granted
2003-10-03 Appendix Filed (Petitioner)  
2003-10-03 Petition for Review (Petitioner)  
2003-10-02 Amicus Curiae Brief received  
2003-08-14 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2003-08-13 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
COCA-COLA ENTERPRISES INC. ET
Mr. P. Michael Jung
Mr. Jerry L. Beane
Ms. Kay Lynn Brumbaugh
Petitioner
HARMAR BOTTLING COMPANY ET AL.
Mr. C. Cary Patterson
Mr. Thomas M. Stanley
Ms. Karen Ann Lister
Mr. Nelson J. Roach
Ms. Jacalyn Ann Hollabaugh
Mr. William A. Durham
Mr. Warren W. Harris
Mr. Jeffrey J. Angelovich
Respondent
COCA-COLA COMPANY
Mr. Kenneth L. Glazer
Mr. Tyler A. Baker
Honorable Robert Harrison Pemberton
Mr. David Ray McAtee
Mr. Bryan R. Henry
Mr. Jeffrey S. Levinger
Mr. Jonathan M. Jacobson
Mr. Albert C. Loebe
Mr. Orrin L. Harrison III
Mr. Joshua A. Imhoff
Petitioner

Amici Curiae

Amicus Curiae Counsel
Grocery Manufacturers of America
Mr. R. Glen Rigby
The State of Alabama
The Honorable Troy King
Mr. John J. Park Jr.
Office of Attorney General
Mr. W.A. Drew Edmondson
Texas Law Professors
Mr. Lonny Sheinkopf Hoffman
Office of the Attorney General
Mr. Dustin McDaniel
TEX-ABOTA, Inc.
Mr. Richard A. Sayles
Coca-Cola Bottlers' Association
Mr. John Sidney Adcock
Mr. David J. Beck
Robert R. Gasaway
Ms. Jennifer S. Atkins
Mr. Kenneth W. Starr
Ms. Elizabeth S. Petrela
Mr. David M. Gunn
Economics Professor Klein
Klein Ph.D.
Casto, William R.
Mr. William R. Casto
Marvel, Howard P.
Professor Howard P. Marvel
Powell, Gerald R.
Mr. Gerald R. Powell
The Texas, Oklahoma, Louisiana and Arkansas Independent Bottlers Association
Mr. Peter M. Kelly
Leo, Leonard A.
Mr. Leonard A. Leo
...
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