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PRINCIPE v. McDONALD'S CORP.

No. 79-1702.

631 F.2d 303 (1980)

Frank A. PRINCIPE, Ann Principe and Frankie, Inc., Appellants, v. McDONALD'S CORPORATION, Mc-Donald's System, Inc., and Franchise Realty Interstate Corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1980.

Attorney(s) appearing for the Case

Harold L. Ward, Miami, Fla. (Harold Brown, John R. Kelso, Miami, Fla., James G. Harrison, Hopewell, Va., Fowler, White, Burnett, Hurley, Banick & Strickroot, P. A., Miami, Fla., on brief), for appellants.

Earl E. Pollock, Chicago, Ill. (Alan H. Silberman, Louis C. Keiler, Robert T. Joseph, Sonnenschein, Carlin, Nath & Rosenthal, Chicago, Ill., Thomas G. Slater, Jr., Ray V. Hartwell, III, Hunton & Williams, Richmond, Va., Shelby Yastrow, Oak Brook, Ill., on brief), for appellees.

Before WINTER, Circuit Judge, HARRY PHILLIPS, Senior United States Circuit Judge, Sixth Circuit, sitting by designation, and J. DICKSON PHILLIPS, Circuit Judge.

HARRY PHILLIPS, Senior Circuit Judge.

This appeal presents the question of whether a fast food franchisor that requires its licensees to operate their franchises in premises leased from the franchisor is guilty of an illegal tying arrangement in violation of § 1 of the Sherman Act, 15 U.S.C. § 1.1 On the facts of this case, we hold it does not and affirm the directed verdict for the...

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