RULING ON MOTION FOR PARTIAL SUMMARY JUDGMENT
BLUMENFELD, District Judge.
In 1965 Constantine T. Zessos (Zessos) entered into a franchise agreement with the Olsten Corporation (Olsten), which licenses firms to operate under its trademark and to provide temporary employees to businesses throughout the United States and Canada. Under the terms of that agreement Zessos agreed to pay Olsten $6000 plus 5% of his gross billings as a franchise fee
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