BURGER KING CORP. v. HORN & HARDART CO.

Nos. 223, 224, Dockets 89-7440, 89-7558.

893 F.2d 525 (1990)

BURGER KING CORPORATION, Plaintiff-Appellant, v. The HORN & HARDART COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 19, 1990.


Attorney(s) appearing for the Case

Eric M. Nelson, New York City (Stephen R. Lang, Alan J. Sorkowitz, Jill I. Braverman, Breed, Abbott & Morgan, New York City, of counsel), for plaintiff-appellant.

Ronald S. Rauchberg, New York City (Steven C. Krane, Michael S. Elkin, Michael D. Povman, Proskauer Rose Goetz & Mendelsohn, New York City, of counsel), for defendant-appellee.

Before LUMBARD, MESKILL and WINTER, Circuit Judges.


MESKILL, Circuit Judge:

These appeals require us to consider the propriety of the district court's disposition by summary judgment of a question of contract interpretation. Plaintiff Burger King Corporation (Burger King) appeals from two judgments entered in the United States District Court for the Southern District of New York, Knapp, J., denying Burger King's motion for summary judgment and granting defendant Horn & Hardart Company's (Horn & Hardart...

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