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Issue Date: Vol. 50, No. 7, July 2010, Posted On: 6/24/2010

Bottler And Full Service Vending Settle On Contract Breach

Emily Jed
Full Service Vending, Moti Almakias, Full Service Foods Group, Coca Cola Enterprises, vending, vending machine, vending machine business, soda machine, soda bottler, vending machine operator, vending supplies, CCE settlement

ROCKAWAY, NJ -- Full Service Vending said that Coca Cola Enterprises has agreed to pay Full Service a "six figure" settlement to resolve a six-count complaint it filed against the bottler, primarily for breach of contract.

Full Service said it entered a contract with CCE that established the price it would pay the bottler per case, provided it met a minimum volume requirement. Full Service exceeded the established volume requirements, but CCE raised its case cost and refused to sell the operating company beverages at the contractually agreed-upon price, the complaint alleged.

The original lawsuit was filed in a Morris County, NJ, court in March 2006 and advanced to the federal level shortly thereafter. Full Service said the settlement came about after numerous unsuccessful court-mandated settlement conferences over the past two years. John A. Stone of DeCotiis FitzPatrick & Cole LLP (Teaneck, NJ) represented the operator.

"We consider this a great victory for vending companies nationwide," said Full Service president Moti Almakias. "Hopefully, bottlers will think twice about the way they treat companies that work so hard selling their products. I really think CCE didn't want to see this played out in court."

Full Service Vending, founded in 1955, is a division of the Full Service Foods Group, which also operates Coffee Express, Café on the Go, Milk Express and Arctic Chill Ice Cream. It operates in New Jersey, New York, Pennsylvania and Connecticut.

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