A decision on whether to dismiss the lawsuit against Coca-Cola for unfair dismissal of Matthew Whitley, which has included allegations of fraud should be made by Labor Day in the US the judge expects.

The timetable was set yesterday in Fulton County Superior Court by Judge Elizabeth Long.

The suit was filed in May and accuses Coke of, among other things rigging a marketing test at Burger King for its Frozen Coke product. The revelation has already resulted in a million dollar settlement between Coke and Burger King.

Though it admitted rigging the test, Coke has denied other allegations that the machines that make Frozen Coke are defective. It has dismissed the claims for unfair dismissal by Whitely as the actions of a disgruntled ex-employee.

A similar suit has been filed in federal court in Atlanta, which Coke is also asking to be dismissed as well, though no hearing has been set.

Coke is also facing criminal investigations by federal prosecutors over some of the allegations and an informal probe by the Securities and Exchange Commission.