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IN RE ARTHUR TREACHER'S FRANCHISEE LITIGATION

Nos. 81-2306, 81-2562. MDL No. 467.

689 F.2d 1137 (1982)

In re ARTHUR TREACHER'S FRANCHISEE LITIGATION. ARTHUR TREACHER'S FISH & CHIPS, INC. v. A & B MANAGEMENT CORPORATION v. MRS. PAUL'S KITCHENS, INC. (Additional Defendant on the Counterclaims) Appeal of A & B MANAGEMENT CORPORATION. In re ARTHUR TREACHER'S FRANCHISEE LITIGATION. ARTHUR TREACHER'S FISH & CHIPS, INC. v. A & B MANAGEMENT CORPORATION v. MRS. PAUL'S KITCHENS, INC. (Additional Defendant on the Counterclaims) Appeal of ARTHUR TREACHER'S FISH & CHIPS, INC., Plaintiff and Mrs. Paul's Kitchens, Inc., Third Party Defendant.

United States Court of Appeals, Third Circuit.

Decided June 18, 1982.

Attorney(s) appearing for the Case

Franklin Poul, Judith R. Cohn (argued), Barry M. Klayman, Brian P. Flaherty, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellant-cross-appellee A & B Management Corp.; Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., Weil, Gotshal & Manges, New York City, of counsel.

John M. Elliott (argued), Edward F. Mannino, John F. Stoviak, Karen Marek McAlinn, Henry F. Siedzikowski, Edward S. Wardell, Dilworth, Paxson, Kalish & Levy, Philadelphia, Pa., for appellees-cross-appellants Arthur Treacher's Fish & Chips, Inc. and Mrs. Paul's Inc.; Dilworth, Paxson, Kalish & Levy, William C. Fields, III, Philadelphia, Pa., of counsel.

Before ALDISERT, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal presents the question whether the district court erred in awarding Arthur Treacher's Fish & Chips, Inc. (Arthur Treacher's) past and future royalties on its motion for a preliminary injunction against its franchisee, A & B Management Corp. (A&B).

I.

A&B was incorporated in 1974 for the purpose of operating an Arthur Treacher's franchise. On November 22, 1974 A&B...

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