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CHOICE HOTELS INTERN., INC. v. GOODWIN AND BOONE

No. 93-1070.

11 F.3d 469 (1993)

CHOICE HOTELS INTERNATIONAL, INCORPORATED, formerly known as Quality Inns International, Inc., Plaintiff-Appellant, v. GOODWIN AND BOONE, a Tennessee General Partnership; T. David Goodwin; Charles P. Boone, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 9, 1993.

Attorney(s) appearing for the Case

Harry Martin Rifkin, argued (Franklin T. Caudill, on brief), Semmes, Bowen & Semmes, Baltimore, MD, for plaintiff-appellant.

Sam Berry Blair, Jr., Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Memphis, TN, argued for defendants-appellees (Kathryn K. Theofilos, Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Memphis, TN and Paul M. Vettori, Kenny, Vettori & Robinson, Baltimore, MD, on brief).

Before RUSSELL, Circuit Judge, SPROUSE, Senior Circuit Judge, and BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

DONALD RUSSELL, Circuit Judge:

Plaintiff Choice Hotels International, Inc. (Choice) appeals the district court's dismissal of its suit, arguing that the district court erred in holding its action barred by res judicata. We agree and reverse.

I.

This somewhat unusual case arose out of a franchise agreement between Choice, which owns the Quality Inn Hotel chain, and Goodwin & Boone, a partnership, under which Goodwin &...

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