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BELOIT CULLIGAN SOFT WATER SERVICE, INC. v. CULLIGAN, INC.

No. 12613.

274 F.2d 29 (1959)

BELOIT CULLIGAN SOFT WATER SERVICE, INC., a Wisconsin Corporation; Adolph H. Samuels, dba Culligan Soft Water Service; Merrill R. Fie, dba Culligan Soft Water Service of Denver; John J. Burnham and Irene Burnham, a partnership, dba Culligan Soft Water Service Co. of Ogden, Utah; James W. Fisher and John W. Fisher, dba Culligan Soft Water Service, Santa Rosa, California; L. A. McRae, dba Culligan Soft Water Service of Palo Alto, California and George W. Geiger, dba Culligan Soft Water Service of San Bruno, Plaintiffs-Appellees, v. CULLIGAN, INC., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 12, 1960.

Attorney(s) appearing for the Case

Robert A. Sprecher, B. L. Pollak, Frank A. Karaba, Gerald White, Chicago, Ill., for defendant-appellant.

David R. Macdonald, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for plaintiffs-appellees, E. Houston Harsha, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, and DUFFY and SCHNACKENBERG, Circuit Judges.

DUFFY, Circuit Judge.

This is a suit for a declaratory judgment to require defendant, Culligan, Inc., (hereinafter called "Culligan") to recognize the validity of certain dealership franchise agreements entered into between Culligan and the respective plaintiffs.

In the period 1945 to 1947, five of the plaintiffs entered into franchise agreements with Culligan, which were substantially identical except for names, territory...

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