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STULLER, INC. v. STEAK N SHAKE ENTERPRISES, INC.

No. 11-2656.

695 F.3d 676 (2012)

STULLER, INC., Plaintiff-Appellee, v. STEAK N SHAKE ENTERPRISES, INC. and Steak N Shake Operations, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2012.

Attorney(s) appearing for the Case

Jason L. Ross , Kirsten Moder Ahmad , Joshua A. Stevens (argued), Attorneys, Greensfelder, Hemker & Gale, P.C., St. Louis, MO, Timothy J. Rigby , Attorney, Hart Southworth & Witsman, Springfield, IL, for Plaintiff-Appellee.

Craig L. Unrath , Attorney, Heyl, Royster, Voelker & Allen, Peoria, IL, William Barry Blum (argued), Attorney, Genovese Joblove & Battista, P.A., Miami, FL, for Defendants-Appellants.

Before MANION, ROVNER, and HAMILTON, Circuit Judges.

MANION, Circuit Judge.

After the corporate office of Steak N Shake restaurants tried to require one of its franchisees to adopt a new policy for menu pricing and promotions, the franchisee sued Steak N Shake in a declaratory judgment action and later filed a motion for a preliminary injunction in order to stop the implementation of the new policy. The district court found that in the absence of an injunction, the franchisee would have its franchises terminated and...

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