McGOWAN v. PILLSBURY CO.

No. C85-1488Z.

723 F.Supp. 530 (1989)

Kenneth J. McGOWAN and Dorothy M. McGowan, husband and wife; and Robert F. McGowan and Joan M. McGowan, husband and wife, Plaintiffs, v. The PILLSBURY CO., a Delaware corporation; the Haagen-Dazs Company, Inc., a New Jersey corporation; the Haagen-Dazs Shoppe Company, Inc., a New Jersey corporation; HDI Liquidating Corporation, a New York corporation; HDF Liquidating Corporation, a New York corporation; WSC Liquidating Corporation, a New Jersey corporation; Doris Mattus Hurley and Kevin Hurley, individually and the marital community composed thereof; Reuben Mattus and Rose Mattus and the marital community composed thereof; and ABC Corporations 1-75, distributors of Haagen-Dazs ice cream, Defendants.

United States District Court, W.D. Washington, at Seattle.

March 13, 1989.


Attorney(s) appearing for the Case

John M. Silk and James A. Smith, Jr. of Smith & Leary, Seattle, Wash., for plaintiffs.

Clemens H. Barnes of Graham & Dunn, Seattle, Wash., and David C. Forsberg, Sally Ann Scoggin and Jeffrey J. Keyes of Briggs & Morgan, St. Paul, Minn., for defendants The Pillsbury Co., Haagen-Dazs Co. and Haagen-Dazs Shoppe Co., Inc.

James J. Ragen and Joseph Genster of Cairncross, Ragen & Hempelmann, Seattle, Wash., for defendants HDI Liquidating Corp., HDF Liquidating Corp., WSC Liquidating Corp., Hurley and Mattus.


ORDER

ZILLY, District Judge.

This case arises from the formation, purchase and operation of a Haagen-Dazs shoppe franchise under an agreement dated June 9, 1982 ("Franchise Agreement"). The complaint, filed by the franchisee, includes claims against various Haagen-Dazs defendants for, among other things, breach of contract, fraud, antitrust violations, and violation of the Washington Consumer Protection Act and Franchise Investment Protection Act.

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