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BOCA MARA PROPERTIES v. INTERN. DAIRY QUEEN, INC.

No. 82-5885.

732 F.2d 1550 (1984)

BOCA MARA PROPERTIES, INC., Patrick T. O'Mara, Stephanie L. O'Mara, and Herbert F. Ewald, Plaintiffs-Appellees, Cross-Appellants, v. INTERNATIONAL DAIRY QUEEN, INC., American Dairy Queen Corporation, Dairy Queen Financial, Inc., and Dairy Queen Realty, Inc., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 29, 1984.

Attorney(s) appearing for the Case

William L. Killion, Minneapolis, Minn., for defendants-appellants, cross-appellees.

Bennett Oppenheimer, Fort Lauderdale, Fla., Edna L. Caruso, West Palm Beach, Fla., for plaintiffs-appellees, cross-appellants.

Before RONEY and HENDERSON, Circuit Judges, and DYER, Senior Circuit Judge.

RONEY, Circuit Judge:

This case involves the application of the Florida Franchise Act to the sale of a Dairy Queen store. Plaintiffs sued International Dairy Queen for common law fraud and misrepresentation in violation of the Florida statute. Dairy Queen counterclaimed seeking to recover moneys owed on the franchise account. The jury awarded plaintiffs $33,000 on the Florida Franchise Act claim and Dairy Queen $13,649 on its counterclaim. The court awarded plaintiffs...

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