KROLL v. DOCTOR'S ASSOCIATES, INC.

No. 92-3621.

3 F.3d 1167 (1993)

Kurt P. KROLL, Plaintiff-Appellant, v. DOCTOR'S ASSOCIATES, INC., Jeffrey Wilhelm, Frederick DeLuca and Peter H. Buck, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 3, 1993.


Attorney(s) appearing for the Case

David M. Duree (argued), Reinert, Duree & Crane, St. Louis, MO, David L. Mandell, Mandell & Ginsberg, Madison, WI, for plaintiff-appellant.

William M. Conley, Roberta F. Howell, Foley & Lardner, Madison, WI, Edward W. Dunham, Isabel E. Chenoweth, Wiggin & Dana, New Haven, CT, for defendants-appellees.

Before CUDAHY, MANION and KANNE, Circuit Judges.


CUDAHY, Circuit Judge.

Doctor's Associates, Inc. (DAI), co-owned by Peter H. Buck and Frederick DeLuca, is the national franchisor of "Subway" sandwich shops. Appellee Jeffrey Wilhelm is a "development agent" for DAI. In May 1988, Kurt P. Kroll entered into two franchise agreements with DAI, each authorizing Kroll to operate a Subway restaurant in Wisconsin. Under the agreements, Kroll was required to "[b]egin operation of a sandwich shop within 365 days ... at a...

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