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MARTINO v. McDONALD'S SYSTEM, INC.

No. 75 C 3455.

432 F.Supp. 499 (1977)

Louis J. MARTINO and McDonald's Drive-In of Ottumwa, Iowa, Inc., Plaintiffs, v. McDONALD'S SYSTEM, INC., and Franchise Realty Interstate Corporation, Defendants.

United States District Court, N. D. Illinois, E. D.

May 18, 1977.

Attorney(s) appearing for the Case

Judson H. Miner, Charles Barnhill, Jr., Davis, Miner & Barnhill, Chicago, Ill., for plaintiffs.

Earl E. Pollock, Gary Senner, Louis C. Keiler, Sonnenschein, Carlin, Nath & Rosenthal, Chicago, Ill., for defendants.

MEMORANDUM OPINION

FLAUM, District Judge:

Before the court is the defendants' motion to dismiss or for summary judgment on plaintiffs' complaint alleging violations of the federal antitrust laws. In count I of the complaint, Martino and the corporate plaintiff McDonald's of Ottumwa challenge a provision of the McDonald's System franchise agreement prohibiting acquisition of financial interest in competing self service food establishments without consent...

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