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BURGER KING CORPORATION v. WEAVER

No. 96-5438.

169 F.3d 1310 (1999)

BURGER KING CORPORATION, Plaintiff-Counter-Defendant-Appellee, v. C.R. WEAVER; M-W-M, Inc., Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 9, 1999.

Attorney(s) appearing for the Case

Roberto Zarco, Lawrence V. Ashe, Zarco & Pardo, P.A., Miami, FL, for Defendants-Counter-Claimants-Appellants.

Don Horn, Miami, FL, Howard S. Wolfson, Whitman, Breed, et. al., New York City, for Plaintiff-Counter-Defendant-Appellee.

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

SMITH, Senior Circuit Judge:

This dispute arises out of a decision by the Burger King Corporation ("BKC") to license the opening of a competing Burger King® restaurant near two existing Burger King® restaurants operated by C.R. Weaver ("Weaver"). In response to the perceived encroachment, Weaver stopped making his rent and royalty payments to BKC. After settlement discussions failed, BKC sued to recover the amounts it was due under the franchise agreements...

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