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ATLANTA BREAD CO. INTERN. v. LUPTON-SMITH

No. S08G1815.

679 S.E.2d 722 (2009)

ATLANTA BREAD COMPANY INTERNATIONAL, INC. v. LUPTON-SMITH et al.

Supreme Court of Georgia.

June 29, 2009.

Attorney(s) appearing for the Case

Jones Day, David M. Monde, Lucas W. Andrews, Atlanta, for appellant.

Cochran & Edwards, Scott A. Cochran, R. Randy Edwards, Kilpatrick Stockton, Thomas C. Harney, Atlanta, for appellees.

Paul, Hastings, Janofsky & Walker, William K. Whitner, Noelle Lagueux-Alvarez, John G. Parker, amici curiae.

BENHAM, Justice.

Appellant Atlanta Bread Company International, Inc. operates a franchise system of "bakery/delis" in 25 states, including Georgia. Appellees entered into franchise agreements with appellant to operate five Atlanta Bread Company retail bakery/deli stores—four located in Atlanta, Georgia and one located in Knoxville, Tennessee.1 Each of the franchise agreements contained the following clause:

During the term...

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