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OGDEN FOOD SERVICE CORP. v. MITCHELL

No. 77-3405.

614 F.2d 1001 (1980)

OGDEN FOOD SERVICE CORP., Plaintiff-Appellee, v. Lee Roy MITCHELL, Texas Cinema Corp., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 8, 1980.

Attorney(s) appearing for the Case

Tobolowsky & Schlinger, Edwin Tobolowsky, Richard L. Arnold, Neal E. Young, Dallas, Tex., for defendants-appellants.

Patrick F. McGowan, Rowland B. Foster, Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and TATE, Circuit Judges.

GODBOLD, Circuit Judge:

Appellant Mitchell owns and operates movie theatres throughout Texas. Appellee Ogden is a national supplier of concession merchandise to theatres. After prolonged negotiation an agreement was reached whereby Mitchell would sell in his theatres merchandise supplied by Ogden and Ogden would provide concession services and lend Mitchell money for renovation and for construction of new theatres. The loans were conditioned on Mitchell's furnishing...

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