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CLAYTON v. HOWARD JOHNSON FRANCHISE SYSTEMS, INC.

No. 90-3309.

954 F.2d 645 (1992)

Charles W. CLAYTON, Jr., W. Malcolm Clayton, Orlando Executive Park, Inc., a Florida corporation, Plaintiffs-Counterdefendants, Appellees-Cross-Appellants, v. HOWARD JOHNSON FRANCHISE SYSTEMS, INC., Howard Johnson Company, Inc., Defendants-Counterclaimants, Appellees, Marriott Corporation, Marriott Family Restaurants, Inc., Defendants-Counterclaimants, Appellants-Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 24, 1992.

Attorney(s) appearing for the Case

Mary A. Lau, Lau, Lane, Pieper & Asti, P.A., Tampa, Fla., for Marriott.

Leon H. Handley, Gurney & Handley, Robert A. White, William L. Eagan, (Arnold, Matheny & Eagan, P.A., Orlando, Fla., for Clayton, et al.

Frank R. Jakes, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Tampa, Fla., for Howard Johnson.

Before ANDERSON, Circuit Judge, CLARK, Senior Circuit Judge, and BROWN, Senior District Judge.

ANDERSON, Circuit Judge.

This case involves two documents executed on the same day in 1965, one of which we will refer to as the Motel License and the other as the Restaurant Lease. There have been several participants in the transactions relating to this case. For purposes relevant to this appeal, we summarize the participants as follows. The plaintiffs below are Charles W. Clayton, Jr., W. Malcolm Clayton, and their wholly-owned corporation, Orlando Executive Park...

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