M.B. RESTAURANTS, INC. v. CKE RESTAURANTS, INC.

No. 98-3947.

183 F.3d 750 (1999)

M.B. RESTAURANTS, INC., a South Dakota Corporation, doing business as JB's Restaurants # 140 and # 142, franchisees; Mark B. Rogers, individually; D Lucks, Inc., an Idaho Corporation, doing business as JB's Restaurant # 53, a franchisee; Dale Trappen, individually; JB's Restaurants # 54—Meridian, a franchisee; Bryce Johnson, individually; R & R Hosts, Inc., a Washington Corporation, doing business as JB's Restaurant # 201, a franchisee; John or Jane Does, A-Z, including franchisees and individuals as a class, Plaintiffs-Appellants, v. CKE RESTAURANTS, INC., a California Corporation, franchisor, doing business as Summit Family Restaurants, Inc., a Utah Corporation, franchisor, doing business as JB's Restaurants, a Delaware Corporation, franchisor, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 1999.

Rehearing and Rehearing Denied August 4, 1999.


Attorney(s) appearing for the Case

Richard L. Bode, Rapid City, South Dakota, argued, for Plaintiffs-Appellants.

Charles Alan Seigel and H. Kent Munson, St. Louis, Missouri, argued, for Defendants-Appellees.

Before MURPHY and MAGILL, Circuit Judges, and REASONER, District Judge.


Rehearing and Rehearing En Banc Denied August 4, 1999.

MURPHY, Circuit Judge.

Mark Rogers, Dale Trappen, and Bryce Johnson acquired JB's Restaurant franchises, some of which were subsequently terminated. They sued CKE Restaurant's, Inc. in federal district court in South Dakota, alleging breach of contract and various torts on behalf of a class of franchisees. The franchise agreement contained a forum clause providing that any litigation be conducted in Utah...

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