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O'NEAL v. BURGER CHEF SYSTEMS, INC.

Nos. 88-3284, 88-3318.

860 F.2d 1341 (1988)

Rita C. O'NEAL, Plaintiff-Appellee, Cross-Appellant, v. BURGER CHEF SYSTEMS, INC., and General Foods Corporation, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 1, 1988.

Attorney(s) appearing for the Case

William P. Ortale, Ortale, Kelley, Herbert & Crawford, Nashville, Tenn., James E. Reeves, [NTC ret] Ward & Reeves, Caruthersville, Mo., Peter W. Herzog, Jr. (argued), Caruthers, Herzog, Crebs & McGhee, St. Louis, Mo., for Rita C. O'Neal.

John J. Kirby, Jr. (argued), Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, for Burger Chef Systems, Inc. and General Foods Corp.

Before JONES and GUY, Circuit Judges, and HILLMAN, District Judge.

RALPH B. GUY, Jr., Circuit Judge.

Defendants, Burger Chef Systems, Inc., and its former parent company, General Foods Corporation, appeal the jury verdict awarding $175,859.23 in compensatory damages and $100,000.00 in punitive damages to plaintiff, Rita O'Neal, a former Burger Chef franchisee. The award of damages was based on a theory of "wrongful non-disclosure." In her complaint plaintiff alleged that General Foods had reached a firm decision in 1978 to sell Burger...

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