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FAULKENBERG v. CB TAX FRANCHISE SYSTEMS, LP

No. 09-1874.

637 F.3d 801 (2011)

Jon FAULKENBERG, Byron LeMaster, and JF Marketing, LLC, Plaintiffs-Appellants, v. CB TAX FRANCHISE SYSTEMS, LP, Colbert Ball Tax Service, Inc., Al Colbert, and Ja Ja Ball, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 29, 2011.

Attorney(s) appearing for the Case

David M. Duree (argued), Attorney, Duree & Associates, O'Fallon, IL, for Plaintiffs-Appellants.

Jeffrey R. Fink (argued), Attorney, Thompson Coburn LLP, St. Louis, MO, B. Edward Williamson , Attorney, Jackson, Walker LLP, Houston, TX, for Defendants-Appellees.

Before EVANS and SYKES, Circuit Judges, and DER-YEGHIAYAN, District Judge.

SYKES, Circuit Judge.

Jon Faulkenberg and Byron LeMaster, residents of Missouri, contracted with CB Tax Franchise Systems, LP, a company headquartered in Texas, to operate five tax-preparation franchises in and around St. Louis. The franchise agreement contained two clauses that are common in franchising and central to this case: an arbitration clause and a forum-selection clause. Under the arbitration provision, CB Tax franchisees must submit all disputes with the...

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