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VESS v. FRED ASTAIRE DANCE STUDIOS CORPORATION

No. 15728.

229 F.2d 892 (1956)

William VESS and Elsa F. Von Seggern, jointly and severally, as individuals and as partners in Fred Astaire Dance Studios, Appellants, v. FRED ASTAIRE DANCE STUDIOS CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

February 13, 1956.

Attorney(s) appearing for the Case

Robert Lee Guthrie, Johnson, Guthrie & Stanfield, Frank Norton, Dallas, Tex., for appellants.

Wm. Madden Hill, Ungerman, Hill, Ungerman & Angrist, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and BROWN, Circuit Judges.

BROWN, Circuit Judge.

The principal question, in this diversity action, is whether Vess (and his partner) as Licensee of Astaire under a five-year exclusive "License and Franchise Agreement" was required to pay, as a weekly minimum guarantee, $75.00 under the original contract1 and $50.00 under the settlement modification,2 or whether, as Vess claims, the franchise fee was determinable solely by the stated...

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