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PEARSE v. McDONALD'S

No. 75AP-212.

47 Ohio App. 2d 20 (1975)

PEARSE, APPELLEE, v. McDONALD'S SYSTEMS OF OHIO, INC., APPELLANT; FELLERS, INC., ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided December 2, 1975.

Attorney(s) appearing for the Case

Messrs. Tyack, Scott & Colley, Mr. Thomas M. Tyack and Mr. Gary Tyack, for appellee.

Messrs. Topper, Alloway, Goodman, DeLeone & Duffey, for appellant and appellee Frank Phalin.

Messrs. George, Greek, King, McMahon & McConnaughey and Mr. Stephen J. Vergamini, for appellees Fellers, Inc., McHigh, Inc., and Robert E. Fellers.

HOLMES, J.

This matter involves the appeal of a judgment of the Court of Common Pleas of Franklin County on behalf of the plaintiff against defendant McDonald's Systems of Ohio, Inc. The matter was tried to the trial court basically upon the stipulation of facts, the pertinent portions of which are as follows.

McDonald's Systems and its predecessor are engaged in the fast food business, both directly and through a franchise licensing system. Defendants McHigh...

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