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HAWKINS v. HOLIDAY INNS, INC.

Nos. 78-1244, 78-1245.

634 F.2d 342 (1980)

Frank L. HAWKINS, Plaintiff-Appellant, Cross-Appellee, v. HOLIDAY INNS, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 5, 1980.

Attorney(s) appearing for the Case

Edward W. Kuhn, McDonald, Kuhn, Smith, Gandy, Miller & Tait, Memphis, Tenn., David Berger, Warren D. Mulloy, Alan C. Kessler, Berger & Montague, Philadelphia, Pa., Harold Brown, Brown, Prifti, Leighton & Cohen, Boston, Mass., for plaintiff-appellant, cross-appellee.

George D. Reycraft, Richard Wiener, Cadwalader, Wickersham & Taft, Haven C. Roosevelt, Robert A. Lonergan, New York City, Charles E. Walpole, Charles Y. Caldwell, III, Memphis, Tenn., for defendant-appellee, cross-appellant.

Before KEITH, KENNEDY, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

This case was commenced in October 1974 by Frank L. Hawkins against Holiday Inns, Inc. for alleged violations of Section 1 of the Sherman Act (15 U.S.C. § 1) and Section 3 of the Clayton Act (15 U.S.C. § 14). Prior to trial, Hawkins dismissed his claims under Section 3 of the Clayton Act.

Hawkins has been a franchisee of Holiday Inns in the Mobile, Alabama area since 1961, and for an even longer period of time elsewhere. As...

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