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NIEMAN v. DRYCLEAN U.S.A. FRANCHISE CO., INC.

No. 97-4745.

178 F.3d 1126 (1999)

Mario NIEMAN, Plaintiff-Appellee, v. DRYCLEAN U.S.A. FRANCHISE COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 21, 1999.

Attorney(s) appearing for the Case

Kenneth R. Hartmann, Kozyak Tropin & Throckmorton, P.A., Miami, FL, Terry W. Schackmann, Patrick J. Whalen, Spencer, Fane, Britt & Browne, LLP, Kansas City, MO, for Defendant-Appellant.

John J. Dwyer, Rudnick, Wolfe, Epstien & Zeidman, Washington, DC, for Amicus Curiae.

Jonathan David, Miami, FL, Arnold R. Ginsberg, Todd R. Schwartz, Ginsberg & Schwartz, Miami, FL, Lawrence D. Silverman, Akerman, Senterfitt & Eidson, P.A., Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT and DUBINA, Circuit Judges, and SMITH, Senior Circuit Judge.

SMITH, Senior Circuit Judge:

Dryclean U.S.A. Franchise Company, Inc. (DUSA) appeals the March 26, 1997 decision of the U.S. District Court for the Southern District of Florida, granting summary judgment to Mario Nieman.1 Nieman sued DUSA for return of a $50,000 nonrefundable deposit, on the basis that DUSA failed to make certain disclosures required by the Federal Trade Commission's Franchise Rule, 16 CFR § 436.1 (1998). DUSA defended...

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