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HI LTD. PARTNERSHIP v. WINGHOUSE OF FLORIDA, INC.

No. 6:03-CV-116-ORL22JGG.

347 F.Supp.2d 1256 (2004)

HI LIMITED PARTNERSHIP and Hooters of America, Inc., Plaintiffs, v. WINGHOUSE OF FLORIDA, INC.; Winghouse of Kissimmee, L.L.C.; Ker, Inc.; Winghouse of Orlando, Inc.; Winghouse IX, L.L.C.; Winghouse XI, L.L.C.; and Winghouse XII, L.L.C., Defendants. Ker, Inc., Counterclaimant, v. HI Limited Partnership, and Hooters of America, Inc., Counterclaim Defendants

United States District Court, M.D. Florida. Orlando Division.

December 13, 2004.

Attorney(s) appearing for the Case

Eric G. Maurer, Peter F. Schoenthaler, Steven G. Hill, Hill, Kertscher & Wharton, LLP, Atlanta, GA, Robin Uricchio Byrd, Thomas M. Burke, Holland & Knight, LLP, Orlando, FL, for Plaintiffs.

Gayle Wrede Kirkpatrick, George Donovan Conwell, Jr., Richard George Salazar, Suzanne R. Eschrich, Fowler White Boggs Banker, P.A., Tampa, FL, for Defendants.

MEMORANDUM DECISION

CONWAY, District Judge.

On December 2, 2004, during the trial of this action, the Court granted the Defendants' motion for judgment as a matter of law pursuant to Fed.R.Civ.P. 50. This memorandum decision explains the Court's rationale for reaching that decision.

Plaintiffs HI Limited Partnership and Hooters of America, Inc. (collectively, "Plaintiffs") sued Defendants Winghouse of Florida, Inc.; Winghouse of Kissimmee, LLC; Ker...

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