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33 FLAVORS, ETC. v. BRESLER'S 33 FLAVORS, INC.

Civ. A. No. 78-383.

475 F.Supp. 217 (1979)

33 FLAVORS OF GREATER DELAWARE VALLEY, INC. a Delaware Corporation, and Richard B. Tippett, Plaintiffs, v. BRESLER'S 33 FLAVORS, INC., an Illinois Corporation, Bresler Ice Cream Company, an Illinois Corporation and Richman Ice Cream Company, a New Jersey Corporation, Defendants.

United States District Court, D. Delaware.

May 14, 1979.

Attorney(s) appearing for the Case

Max S. Bell, Jr., and Thomas L. Ambro of Richards, Layton & Finger, Wilmington, Del., for plaintiffs.

Paul P. Welsh, and Judy O. Hodas of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., and Barry L. Kroll of Jacobs, Williams & Montgomery, Chicago, Ill., for defendants.

OPINION

LATCHUM, Chief Judge.

On September 1, 1978 the plaintiffs, Richard B. Tippett ("Tippett") and 33 Flavors of Greater Delaware Valley, Inc. ("GDV"), filed a complaint in the Delaware Chancery Court against Bresler's 33 Flavors, Inc. ("Breslers") and the other defendants. In that complaint the plaintiffs alleged that Breslers had violated the Delaware Franchise Security Law1 ("Franchise Act") by unjustly terminating an agreement...

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