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HARDEE'S OF MAUMELLE, ARK. INC. v. HARDEE'S FOOD SYSTEMS, INC.

No. 93-3055.

31 F.3d 573 (1994)

HARDEE'S OF MAUMELLE, ARKANSAS, INC., an Indiana corporation, McNeely-Eubanks Enterprises, an Indiana partnership, Ronald R. Eubanks, Sharon Eubanks, Lee McNeely and Rose McNeely, Plaintiffs-Appellants, v. HARDEE'S FOOD SYSTEMS, INC., a North Carolina corporation, qualified and admitted to do business in the State of Indiana, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 1994.

Attorney(s) appearing for the Case

M. Michael Stephenson, McNeely, Sanders, Stephenson & Thopy, Shelbyville, IN, W. Michael Garner (argued), Schnader, Harrison, Segal & Lewis, New York City, for plaintiffs-appellants.

Donald E. Knebel, Dwight D. Lueck, Barnes & Thornburg, Indianapolis, IN, John F. Dienelt, Ellen R. Lokker (argued), David Ober, Reed, Smith, Shaw & McClay, Washington, DC, for defendant-appellee.

Before BAUER and CUDAHY, Circuit Judges, and MORAN, District Judge.

CUDAHY, Circuit Judge.

The McNeely and Eubanks families decided to open a Hardee's restaurant, touted in the Hardee's literature as "the last great franchise opportunity in America." After several meetings with Hardee's Food Systems, Inc. (Hardee's) officials, the McNeelys and Eubanks opened a restaurant in Maumelle, Arkansas. Sales did not go well, and the McNeelys and the Eubanks discovered that they could not expand their...

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