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BITTER v. HOBY'S INTERNATIONAL, INC.

Nos. 72-1721, 72-1878.

498 F.2d 183 (1974)

Sam BITTER et al., Plaintiffs-Appellants, v. HOBY'S INTERNATIONAL, INC., a corporation, et al., Defendants-Appellees. Sam BITTER et al., Plaintiffs-Appellants, v. The ARIZONA BANK, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 11, 1974.

Attorney(s) appearing for the Case

Kenneth A. Winsberg (argued), Stephen T. Meadow, of Meadow, Cheche, & Thrasher, Phoenix, Ariz., for plaintiffs-appellants.

Henry Jacobowitz (argued), Phoenix, Ariz., for Hoby's International, and others.

John C. Ellinwood (argued), Phoenix, Ariz., for Ariz. Bank.

Before BARNES and CHOY, Circuit Judges, and SCHWARTZ, District Judge.

OPINION

SCHWARTZ, District Judge:

Appellants brought these actions for rescission and damages, alleging that the agreement for a hot roast beef restaurant franchise offered by appellees constituted an unregistered security under the federal security laws. The District Court rendered summary judgment against appellants. We affirm.

I

Hoby's International, Inc. was incorporated in Arizona in December...

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