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KMS RESTAURANT CORP. v. WENDY'S INTERN., INC.

No. 03-10759.

361 F.3d 1321 (2004)

KMS RESTAURANT CORP., a Florida corporation, Frederick J. Keitel, III, Plaintiffs-Appellants, v. WENDY'S INTERNATIONAL, INC., an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 4, 2004.

Attorney(s) appearing for the Case

Edna L. Caruso, Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, FL, for Plaintiffs-Appellants.

Chilton Davis Varner, Dwight J. Davis, King & Spalding, Atlanta, GA, Walter J. Tache, Zuckerman, Spaeder, Taylor & Evans, LLP, Miami, FL, Michael J. Canter, William D. Kloss, Jr., Vorys, Sater, Seymour & Pease, LLP, Columbus, OH, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, CARNES, Circuit Judge, and MILLS, District Judge.

CARNES, Circuit Judge:

More than a decade ago KMS Restaurant Corporation began attempting to purchase 27 Wendy's Old Fashioned Hamburger restaurants in Florida from Citicorp, North America, Inc. Because the restaurants are franchises of Wendy's International, Inc., the purchase contract was contingent on Wendy's approval of KMS as a franchisee. Ultimately Wendy's did not approve KMS, the contract with Citicorp failed and, in keeping with the spirit of the times, litigation...

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