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BIXBY'S FOOD SYSTEMS, INC. v. McKAY

No. 96 C 3915.

985 F.Supp. 802 (1997)

BIXBY'S FOOD SYSTEMS, INC., Plaintiff, v. Jan and Phillip McKAY, Defendants. Jan and Phillip McKAY, Counterplaintiffs, v. BIXBY'S FOOD SYSTEMS, INC., Ken Miyamoto, Mike's Stopulos, Mary Fran Stopulos, Allen Freed, Lee Staak, and Jeff Schuett, Counterdefendants.

United States District Court, N.D. Illinois, Eastern Division.

November 21, 1997.

Attorney(s) appearing for the Case

Henry T. Kelly, O'Keefe, Ashenden, Lyons & Ward, Chicago, IL, for Plaintiff.

Patrick M. Griffin, Shearer, Blood, Agrella & Boose, St. Charles, IL, for Defendant.

John A. Cotter, Larkin, Hoffman, Daly & Lindlren, Bloomington, MN, for Counterplaintiffs.

Eugene F. Friedman, Chicago, IL, for Counterdefendants.

MEMORANDUM ORDER

BOBRICK, United States Magistrate Judge.

Before the court are the motions of counterdefendants Bixby's Food Systems, Inc. ("Bixby"), Ken Miyamoto, and Mary Fran Stopulos (collectively, "Bixby counterdefendants"), and Mike Stopulos to dismiss certain counts of the Counterclaim of Jan and Phillip McKay.

This case stems from a franchise agreement between Bixby and the McKays. Bixby is a franchisor of bagel restaurants that operate under...

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