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COX v. DOCTOR'S ASSOCIATES, INC.

No. 5-91-0657.

613 N.E.2d 1306 (1993)

245 Ill. App.3d 186

184 Ill.Dec. 714

Dick DeWayne COX, Jr., and Substantial Enterprises, Inc., Plaintiffs and Counter-defendants-Appellants and Cross-Appellees, v. DOCTOR'S ASSOCIATES, INC., Defendant and Counter-plaintiff-Appellee and Cross-Appellant.

Appellate Court of Illinois, Fifth District.

May 14, 1993.

Attorney(s) appearing for the Case

David M. Duree, O'Fallon (David M. Duree, Robert L. Carter, Reinert, Duree & Crane, P.C., St. Louis, MO, of counsel), for plaintiffs and counter-defendants-appellants and cross-appellees.

Jack H. Humes, Jr. (Theodore J. MacDonald, Jr., Burroughs, Simpson, Hepler, Broom & MacDonald, Edwardsville, Alan G. Gerson, Kay A. Sherman, Blumenfeld, Kaplan, Sandweiss, Marx, Ponfil & Kaskowitz, P.C., St. Louis, MO, of counsel), for defendant and counter-plaintiff-appellee and cross-appellant.

Presiding Justice CHAPMAN delivered the opinion of the court:

Doctor's Associates, Inc. (Doctor's Associates), a Connecticut corporation, sells franchises to operate Subway sandwich shops, which are retail establishments devoted to the preparation and sale of footlong sandwiches and variations thereof.

Dick DeWayne Cox, his father Dick Cox, and Richard Yates formed Substantial Enterprises, Inc., an Illinois corporation...

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