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E. B. E., INC. v. DUNKIN' DONUTS OF AMERICA, INC.

Civ. A. No. 36752.

387 F.Supp. 737 (1971)

E. B. E., INC., Plaintiff, v. DUNKIN' DONUTS OF AMERICA, INC., and Michigan Donuts, Inc., Defendants.

United States District Court, E. D. Michigan, S. D.

July 2, 1971.

Attorney(s) appearing for the Case

Sidney L. Frank, Keywell & Rosenfeld, Birmingham, Mich., for plaintiff.

Herbert Burdick, Detroit, Mich., for defendants.

KAESS, Chief Judge.

Counts I and II of plaintiff's complaint set forth plaintiff's claims under Section 1 of the Sherman Act, 15 U.S.C. § 1 and Section 3 of the Clayton Act, 15 U.S.C. § 14. Plaintiff alleges that defendants violated the antitrust laws by including an illegal tying agreement in the sale of the Dunkin' Donut franchise. More specifically, plaintiff claims that as an express condition to obtaining a Dunkin' Donut franchise, plaintiff was required...

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