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BUFFLER v. ELECTRONIC COMPUTER PROGRAMMING INST., INC.

No. 72-1082.

466 F.2d 694 (1972)

James A. BUFFLER and Electronic Computer Institute of Knoxville, Inc., Plaintiffs-Appellees, v. ELECTRONIC COMPUTER PROGRAMMING INSTITUTE, INC., et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

August 30, 1972.

Attorney(s) appearing for the Case

Claude K. Robertson, Knoxville, Tenn., Fowler, Rowntree, Fowler & Robertson, Knoxville, Tenn., on brief; Lowenthal, Landau & Fischer, New York City, of counsel, for defendants-appellants.

Robert G. McDowell, Knoxville, Tenn., Baker, Worthington, Crossley & Stansberry, Knoxville, Tenn., Robert L. Crossley, Knoxville, Tenn., on brief, for plaintiffs-appellees.

Before CELEBREZZE, McCREE and MILLER, Circuit Judges.

CELEBREZZE, Circuit Judge.

On June 15, 1966, Plaintiffs-Appellees (hereinafter Buffler) entered into two franchise agreements with Defendants-Appellants (hereinafter ECPI), under which Buffler was to operate a computer training school as the exclusive franchisee of ECPI in Eastern Tennessee.

Under the agreements Buffler was required to pay ECPI initial franchise fees totalling $9,750.00 and a royalty of six percent of the gross tuition receipts. In exchange...

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