USA: Clearly Canadian Obtains Judgment Against American Winery
In late 1997, Clearly Canadian filed suit in United States District Court to collect the balance due it on a loan made to one of its former contract bottlers, American Winery, Inc. On September 5, 2000, after a brief hearing, Judge Carol Jackson entered a final judgment in Clearly Canadian's favour and against American Winery, American Winery's primary shareholder, Timothy Rand, and Highland Community Bank.
The judgment included: (1) a judgment against American Winery in the amount of $2,957,952 (U.S.) for principal and interest, plus court costs and attorneys' fees; (2) a judgment declaring that Clearly Canadian's interest in certain American Winery plant equipment is superior to Highland Community Bank's claimed interest; and (3) an order entitling Clearly Canadian to take possession of that plant equipment, in partial satisfaction of the judgment. The judge also dismissed all claims and counterclaims of American Winery and Timothy Rand. American Winery has indicated an intention to appeal Judge Jackson's judgment. The time for filing such an appeal is within 30 days of the date of entry of judgment, but that deadline could be extended by the filing of various post-judgment motions.
Based in Vancouver, B.C., Clearly Canadian is a leading producer of premium beverages, including Clearly Canadian(R) sparkling flavoured water, Clearly Canadian O(plus)2(R) and Tre Limone(TM), which are distributed extensively in the United States, Canada and numerous countries worldwide. Clearly Canadian also owns CC Beverage (U.S.) Corporation, a Washington State company, which produces and distributes Cascade Clear(TM) and Clearly Canadian products in the United States and other countries as well as co-packing for other manufacturers' brands. CC Beverage also operates a home/office water delivery business in the U.S. Pacific Northwest. Additional information on Clearly Canadian and CC Beverage may be obtained on the world wide web at www.clearly.ca.
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