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IN RE INTERN. HOUSE OF PANCAKES FRANCHISE LIT.

No. 75-1768.

536 F.2d 261 (1976)

In re INTERNATIONAL HOUSE OF PANCAKES FRANCHISE LITIGATION. Glen P. ELLIS, Appellant, v. INTERNATIONAL INDUSTRIES, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1976.

Attorney(s) appearing for the Case

Robert M. Brown, San Francisco, Cal., and Sheridan Morgan, Kansas City, Mo., for appellant.

Harry L. Gershon, Los Angeles, Cal., and Thomas J. Wheatley, Kansas City, Mo., for appellee.

Before VOGEL, Senior Circuit Judge, and HEANEY and HENLEY, Circuit Judges.

PER CURIAM.

Glen P. Ellis appeals from a denial by the District Court of a motion to be excluded from a class action by franchisees of International House of Pancakes restaurants, which were franchised by appellee. The class action was an anti-trust litigation, the settlement of which was affirmed by this court in Grunin v. International House of Pancakes, 513 F.2d 114 (8th Cir.), cert. denied, 423 U.S. 864, 96 S.Ct...

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