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FARGO BILTMORE MOTOR HOTEL v. BEST WESTERN INTERN.

Nos. 83-1981, 83-2009.

742 F.2d 459 (1984)

FARGO BILTMORE MOTOR HOTEL CORPORATION, a North Dakota Corporation, and John C. Olness, Appellants, v. BEST WESTERN INTERNATIONAL, INC., a/k/a Best Western, Inc., a/k/a Best Western International, a/k/a Best Western, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1984.

Attorney(s) appearing for the Case

David S. Maring, Cahill, Jeffries & Maring, P.A., Moorhead, Minn., for appellants.

Kermit E. Bye, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, N.D., Jerry C. Bonnett, Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., for appellee.

Before LAY, Chief Judge, and HEANEY and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Plaintiffs, the Fargo Biltmore Motor Hotel Corporation (Fargo Biltmore) and John C. Olness, brought this action against Best Western International, Inc. (Best Western) alleging violations of the North Dakota Franchise Investment Law, N.D.Cent.Code § 51-19-01 to § 51-19-17 (hereinafter NDFIL), and seeking rescission and restitution or damages.1 Best Western denied

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