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LIBBY-BROADWAY DRIVE-IN, INC. v. McDONALD'S SYS., INC.

No. 78-1439.

72 Ill. App.3d 806 (1979)

391 N.E.2d 1

LIBBY-BROADWAY DRIVE-IN, INC., et al., Plaintiffs-Appellants, v. McDONALD'S SYSTEM, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied June 27, 1979.

Attorney(s) appearing for the Case

John M. Bowlus and Lynn A. Goldstein, both of Cotton, Watt, Jones, King & Bowlus, of Chicago, for appellants.

Frederic S. Lane, Lawrence R. Samuels, and Thomas M. Fitzpatrick, all of Sonnenschein, Carlin, Nath & Rosenthal, of Chicago, for appellees.

Judgment affirmed.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Plaintiffs appeal from an order of the circuit court of Cook County granting defendants' motion for summary judgment on both counts of plaintiffs' third amended complaint. The trial court found the alleged oral agreement which formed the basis of count I to be unenforceable as a matter of law. As to count II, the court found that defendants did not grant a franchise to a third party...

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