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BANEK INC. v. YOGURT VENTURES U.S.A., INC.

No. 93-1107.

6 F.3d 357 (1993)

BANEK INCORPORATED, a Michigan corporation, Plaintiff-Appellant, v. YOGURT VENTURES U.S.A., INC., a Georgia corporation; Richard Stern and John W. Stern, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 8, 1993.

Attorney(s) appearing for the Case

Adam J. Baker (argued and briefed), Joseph A. Starr, Weisman, Trogan, Young and Schloss, Martin C. Weisman, Birmingham, MI, for plaintiff-appellant.

Jeffrey A. Sadowski, John A. Sinclair, Jeffrey L. Portis, Sally L. Foley (argued and briefed), Harness, Dickey & Pierce, Troy, MI, for defendants-appellees.

Timothy M. Guerriero, Brady & Hathaway, Detroit, MI, Reva S. Bauch, Chicago, IL (briefed), for Cherry Investments, Inc. amicus curiae.

Robert C. Ward, Jr., Atty. Gen., of Michigan, Lansing, MI (briefed), for State of Mich. amicus curiae.

Before: GUY and NELSON, Circuit Judges; and BECKWITH, District Judge.

RALPH B. GUY, JR., Circuit Judge.

In this interlocutory appeal, plaintiff, Banek Inc., appeals the district court's ruling that a choice of law provision contained in the parties' franchise agreement was valid and enforceable. Upon review of the record and consideration of the arguments of the parties, we conclude that the district court's decision was correct and affirm.

I.

Plaintiff, Banek Inc., owned by Mr. and Mrs. Banek, entered into negotiations...

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