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PONDEROSA SYSTEM, INC. v. BRANDT

No. 83-1489.

767 F.2d 668 (1985)

PONDEROSA SYSTEM, INC. and ESI Meats, Inc., Appellants, v. Edward R. BRANDT and Sharon M. Brandt, Appellees.

United States Court of Appeals, Tenth Circuit.

July 3, 1985.

Attorney(s) appearing for the Case

John C. Elam of Vorys, Sater, Seymour and Pease, Columbus, Ohio (Thomas B. Ridgley and C. William O'Neill of Vorys, Sater, Seymour and Pease, Columbus, Ohio, and Patrick J. Murphy of Williams, Porter, Day & Neville, P.C., Casper, Wyo., with him on the briefs), for appellants.

Hugh M. Duncan, Casper, Wyo. (Martin J. McClain, Cheyenne, Wyo., with him on the brief), for appellees.

Before McKAY and SETH, Circuit Judges, and WEINSHIENK, District Judge.

McKAY, Circuit Judge.

This suit arises out of a franchisor/franchisee relationship between the plaintiffs and the defendants concerning the operation of a Ponderosa restaurant. After a short and unsuccessful episode as a Ponderosa franchisee, defendants were sued by Ponderosa, which claimed that the defendants had failed to meet certain contractual obligations such as payment for supplies and royalty payments. Defendants counterclaimed, alleging that Ponderosa's breach...

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