BURGER KING CORP. v. FAMILY DINING, INC.

Civ. A. No. 75-1290.

426 F.Supp. 485 (1977)

BURGER KING CORPORATION v. FAMILY DINING, INC.

United States District Court, E. D. Pennsylvania.

February 7, 1977.


Attorney(s) appearing for the Case

Ralph W. Brenner, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for plaintiff.

John C. Butera, Butera & Detweiler, King of Prussia, Pa., for defendant.


MEMORANDUM AND ORDER

HANNUM, District Judge.

Presently before the Court is defendant's motion for an involuntary dismissal in accordance with Rule 41(b), Federal Rules of Civil Procedure, advanced at the close of plaintiff's case. The trial is before the Court sitting without a jury.

In bringing the suit plaintiff seeks a determination under the Declaratory Judgment Act, Title 28, United States Code § 2201, that a contract between the parties...

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