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E.M. BAILEY DISTRIBUTING v. CONAGRA, INC.

676 S.W.2d 770 (1984)

E.M. BAILEY DISTRIBUTING COMPANY, INC., and Gary J. Williams, Movants, v. CONAGRA, INC., and The Lyon County Riverport Authority, Respondents.

Supreme Court of Kentucky.

Rehearing Denied October 25, 1984.

Attorney(s) appearing for the Case

Stephen E. Smith, Jr., McMurry & Livingston, Paducah, for movants.

Glycon L. Ovey, Jr., Eddyville, Lee H. Hamann, McGrath, North, O'Maley & Kratz, Omaha, Neb., for respondents.

WINTERSHEIMER, Justice.

This appeal challenges the validity of an operating agreement between Conagra, Inc., and the Lyon County Riverport Authority. The Bailey Company seeks to overturn a Court of Appeals decision which affirmed a summary judgment denying the complaint.

The principal issue is whether the operating agreement unlawfully grants to Conagra, Inc., a franchise or a privilege without complying with the requirements of advertisement and competitive...

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