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MATTER OF PIZZA OF HAWAII, INC.

No. 84-2392.

761 F.2d 1374 (1985)

In the Matter of PIZZA OF HAWAII, INC., Debtor. PIZZA OF HAWAII, INC., Appellant, v. SHAKEY'S, INC., Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1985.

Attorney(s) appearing for the Case

John Channin, James Y. Agena, Honolulu, Hawaii, for appellant.

James N. Duca, Woo, Kessner & Duca, Honolulu, Hawaii, for appellee.

Before FARRIS, PREGERSON, and BEEZER, Circuit Judges.

PREGERSON, Circuit Judge:

FACTS

Shakey's, a national franchisor of fast-food outlets, entered into dealer agreements with Jack Leibert, David A. Dawes, and David F. Dawes, the principals of Pizza of Hawaii, Inc. (Pizza), in 1977. On September 25, 1980, Shakey's filed suit in the U.S. District Court against Leibert, Dawes, and Dawes, seeking injunctive relief and damages for breach of contract and trademark infringement. (Civ. No. 80-0517). On September 31...

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