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BURGER KING v. MACSHARA

No. 82-5424.

724 F.2d 1505 (1984)

BURGER KING CORPORATION, a Florida Corporation, Plaintiff-Appellee, v. Brian MACSHARA, Defendant, John Rudzewicz, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied March 22, 1984.

Attorney(s) appearing for the Case

Thomas H. Oehmke, Oehmke & Richardson, Detroit, Mich., for defendant-appellant.

Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, Joel S. Perwin, Miami, Fla., for plaintiff-appellee.

Before VANCE and JOHNSON, Circuit Judges, and PITTMAN, District Judge.

Rehearing and Rehearing En Banc Denied March 22, 1984.

VANCE, Circuit Judge:

In 1979, with the economy poised on the brink of recession, John Rudzewicz and Brian MacShara decided to purchase a Burger King restaurant franchise near Detroit, Michigan. This appeal, filed by Rudzewicz,1 is the unforeseen outcome of their ill-timed venture.

Rudzewicz, a senior partner in a Michigan accounting firm, agreed to secure investment...

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