NASCONE v. SPUDNUTS, INC.

No. 83-5602.

735 F.2d 763 (1984)

Frank J. NASCONE, and Spudnuts of Pennsylvania, Inc., a corporation, Appellants, v. SPUDNUTS, INC., a corporation, and Frank Boyd, Appellees.

United States Court of Appeals, Third Circuit.

Decided June 1, 1984.

As Amended June 26, 1984.


Attorney(s) appearing for the Case

Stanley Yorsz (argued), Thomas M. Thompson, Buchanan & Ingersoll, Pittsburgh, Pa., for appellants.

P. Christian Hague (argued), Jonathan D. Bonime, Meyer, Unkovic & Scott, Pittsburgh, Pa., for appellees.

Before HUNTER and BECKER, Circuit Judges, and KATZ, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

Frank Nascone, a Pittsburgh-based franchisee of Spudnuts, a Utah-based fast food franchisor, appeals from an order of the district court for the Western District of Pennsylvania transferring this diversity and antitrust action to the District of Utah because of a forum selection clause in a franchise agreement that the court found to be applicable to the case and reasonable in scope and content. Nascone advances...

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