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KYPTA v. McDONALD'S CORP.

No. 80-5587.

671 F.2d 1282 (1982)

Lloyd KYPTA, Plaintiff-Appellant, v. McDONALD'S CORPORATION, a Delaware Corporation; McDonald's System, Inc., an Illinois Corporation; and Franchise Realty Interstate Corporation, an Illinois Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 29, 1982.

Attorney(s) appearing for the Case

Fowler, White, Burnett, Hurley, Banick & Strickroot, John R. Kelso, Harold L. Ward, Miami, Fla., for plaintiff-appellant.

Walton, Lantaff, Schroeder & Carson, Laurence A. Schroeder, Miami, Fla., Sonnenschein, Levinson, Carlin, Nath & Rosenthal, Earl E. Pollock, Alan H. Silberman, Chicago, Ill., for defendants-appellees.

Before THORNBERRY, FAY and HATCHETT, Circuit Judges.

FAY, Circuit Judge:

Fast food restaurateur, Lloyd Kypta, seeks to overturn the trial judge's decision dismissing and denying class certification of his antitrust action, charging his franchisor, McDonald's Corporation, with having cooked up an anticompetitive tying arrangement. Our digestion of the record and arguments satisfies us that Kypta has failed to proffer evidence of his having been burnt by such a purported scheme. Missing an essential ingredient —...

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