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LARESE v. CREAMLAND DAIRIES, INC.

No. 83-2164.

767 F.2d 716 (1985)

Ernst LARESE and Barbara Ann Larese, Plaintiffs-Appellants, v. CREAMLAND DAIRIES, INC., a New Mexico corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 15, 1985.

Attorney(s) appearing for the Case

Joseph A. Kiely, Denver, Colo., for plaintiffs-appellants.

William H. Pratt, Martha E. Rudolph with him on the brief of Kirkland & Ellis, Denver, Colo., for defendant-appellee.

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

McKAY, Circuit Judge.

The issue in this case is whether a franchisor has an absolute right to refuse to consent to the sale of a franchisee's interest to another prospective franchisee.

Plaintiffs entered into a 10-year franchise agreement with defendant, Creamland Dairies, in 1974. The franchise agreement provided that the franchisee "shall not assign, transfer or sublet this franchise, or any of [the] rights under...

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