This section contains the nature of the case and procedural background.

The Bottlers (P) sued Coca-Cola (D) seeking declaratory judgments, injunctive relief, and damages. On August 20, 1985, the Court granted P's motion to compel production of certain formulae subject to an agreed-upon protective order. Counsel for D informed the Court that it would not disclose the formulae in light of the overriding commercial importance of the secrecy of formulae to the entire Coca-Cola system. D conceded sanctions on this issue and sought to be heard. P moved under 37(b)(2) for judgment in its favor and for expenses and attorney fees.

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