David UNGAR et al.,
v.
DUNKIN' DONUTS OF AMERICA, INC. and Quincy Adams Donuts, Inc. c/o C. T. Corporation, Appellants in No. 75-1625.
John RADER, an individual, et al.,
v.
DUNKIN' DONUTS, INC., a Delaware Corporation and Dunkin' Donuts of America, Inc., a Massachusetts Corporation, Appellants in No. 75-1626.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 11, 1975.
Decided March 3, 1976.
Attorney(s) appearing for the Case
A. H. Wilcox, Charles J. Bloom, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Philip F. Zeidman, Arthur I. Cantor, Brownstein Zeidman Schomer & Chase, Washington, D. C., for appellants; Lawrence W. Hantman, Dunkin' Donuts, Inc., Randolph, Mass., of counsel.
David Berger, Warren D. Mulloy, Bruce K. Cohen, Warren Rubin, David Berger, Edward C. German, Joseph G. Manta, Edward R. Paul, LaBrum & Doak, Philadelphia, Pa., Harold Brown, Brown & Leighton, Boston, Mass., for appellees.
W. Yale Matheson, Richard M. Calkins, Chicago, Ill., for the McDonald's Operators Ass'n, Inc., as amicus curiae.
Ira M. Millstein, Irving Scher, Stanley A. Rothstein, Weil, Gotshal & Manges, New York City, for International Franchise Ass'n, as amicus curiae; Lewis G. Rudnick, Rudnick, Wolfe, Snyderman & Foreman, Chicago, Ill., Jerry H. Opack, Washington, D. C., of counsel.
Before ALDISERT, HUNTER and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
ALDISERT, Circuit Judge.
This appeal from a plaintiff class certification of claims brought under § 1 of the Sherman Act, 15 U.S.C. § 1,1 alleging illegal tie-in sales, arises from two consolidated actions by franchisees against their franchisor, Dunkin' Donuts of America, Inc. The district court decided that it was not necessary for each franchisee to prove that he individually was...
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