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TCBY SYSTEMS, INC. v. RSP CO., INC.

Nos. 93-2683, 93-2788, 93-3026, 93-3028.

33 F.3d 925 (1994)

TCBY SYSTEMS, INC., an Arkansas Corporation, Appellant, v. RSP COMPANY, INC.; Clarence Paulson; Randy Paulson, Appellees. (Two Cases) TCBY SYSTEMS, INC., an Arkansas Corporation, Appellee, v. RSP COMPANY, INC.; Clarence Paulson; Randy Paulson, Appellants. (Two Cases)

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1994.

Attorney(s) appearing for the Case

Kevin A. Crass, Little Rock, AR, argued (William H. Sutton and R. Christopher Lawson, on the brief), for appellant.

J. Michael Dady, Minneapolis, MN, argued (Joseph A. Thompson and Ann K. Grossman, appeared on brief), for appellee.

Before FAGG, Circuit Judge, BRIGHT, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

FAGG, Circuit Judge.

This diversity case is about a failed frozen yogurt store and the meltdown of the franchise relationship between the franchisor, TCBY Systems, Inc., and the franchisee, RSP Company, Inc. After RSP prematurely terminated the franchise agreement, TCBY sued RSP, RSP's investor and sole shareholder Clarence Paulson, and his son and store operator Randy Paulson. RSP and the Paulsons counterclaimed asserting, among other things, that TCBY breached the...

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