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MARTSCHINSKE v. OLYMPIC STYLES, INC.

Civ. No. 81-1020.

628 F.Supp. 231 (1984)

A.L. MARTSCHINSKE, and Dakota Recreational Vehicles, Inc., Plaintiff, v. OLYMPIC STYLES, INC., and Frank S. Kovach, and Attila Kovach, Defendants.

United States District Court, D. South Dakota, N.D.

December 26, 1984.

Attorney(s) appearing for the Case

Harvey Oliver, Bantz, Gosch, Cremer & Peterson, Aberdeen, S.D., for plaintiff.

Ronald G. Schmidt, Schmidt, Schroyer, Colwill & Zinter, Pierre, S.D., for defendants.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

CASE SUMMARY

Plaintiff was involved in a franchise agreement with defendants. Defendants terminated the agreement, and plaintiff sued for rescission. The court finds, after a bench trial, that plaintiff is not entitled to rescission, but that judgment must be entered against plaintiff on defendants' counterclaim for fees owing under the agreement.

FACTUAL SUMMARY

The facts underlying...

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