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KREHL v. BASKIN-ROBBINS ICE CREAM CO.

No. 80-5068.

664 F.2d 1348 (1982)

Norman E. KREHL, et al., Plaintiffs-Appellants, v. BASKIN-ROBBINS ICE CREAM COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 4, 1982.

Rehearing and Rehearing Denied February 24, 1982.

Attorney(s) appearing for the Case

Dean Richard Calkins, Burditt & Calkins, Chicago, Ill., for plaintiffs-appellants.

Stuart L. Kadison, Los Angeles, Cal., argued for defendants-appellees; Kadison, Pfaelzer, Woodard, Quinn & Rossi, Ernest A. Braun, Bartman, Braun & Halper, Robert E. Willard, Holley, Galen & Willard, Los Angeles, Cal., on brief.

Before ELY and REINHARDT, Circuit Judges, and CORDOVA, District Judge.

Rehearing and Rehearing En Banc Denied February 24, 1982.

ELY, Circuit Judge:

In this class action antitrust suit against Baskin-Robbins Ice Cream Company [BRICO] and its area franchisors,1 certain franchisees2 appeal from an order of involuntary dismissal entered against them by the District Court. Because franchisees stipulated that Baskin-Robbins would be entitled to judgment absent proof of a

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