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MATTER OF JRT, INC.

Bankruptcy No. GG 90-83557, Adv. No. 90-8377.

121 B.R. 314 (1990)

In the Matter of JRT, INC., d/b/a TCBY, Debtor. JRT, INC., Plaintiff, v. TCBY SYSTEMS, INC., Defendant.

United States Bankruptcy Court, W.D. Michigan.

November 6, 1990.

Attorney(s) appearing for the Case

Roland Rhead, Lansing, Mich., for JRT, Inc.

Ronald Rose, Detroit, Mich., for TCBY Systems, Inc.

MEMORANDUM OPINION

JAMES D. GREGG, Bankruptcy Judge.

The issues addressed by this opinion are twofold. First, should the Debtor-Plaintiff be granted a preliminary injunction which prohibits the Defendant from continuing a pending legal action against the Debtor's officers and directors? Second, should the Debtor be authorized to reject an alleged executory franchise agreement with the Defendant and, if so, is a covenant not to compete in the agreement also...

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