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CASEY v. DIET CENTER, INC.

No. C-83-1043-WWS.

590 F.Supp. 1561 (1984)

Caroline CASEY, Mary Anne Johnson and Peggy Garvey, individuals, on behalf of themselves and all others similarly situated, Plaintiffs, v. DIET CENTER, INC., a corporation, Jenkins Diet Centers, Inc., a corporation, Seth L. Jenkins, dba Jenkins Diet Center, a sole proprietorship, Seth L. Jenkins, S. Bradley Jenkins, Cathy R. Jenkins, Verla Archibald, individuals, and all others similarly situated, Defendants.

United States District Court, N.D. California.

July 17, 1984.

Attorney(s) appearing for the Case

Richard B. McDonough, Elizabeth G. Leavy, Carroll, Burdick & McDonough, San Francisco, Cal., for plaintiffs.

Ralph C. Alldredge, San Francisco, Cal., Daniel L. Berman, Berman & Anderson, Gary F. Bendinger, Giauque & Williams, Salt Lake City, Utah, for defendants.

MEMORANDUM OF OPINION AND ORDER

SCHWARZER, District Judge.

This is an antitrust action brought by subfranchisees of defendant Diet Center, Inc., which franchises a system to promote weight loss and control for individual clients. Plaintiffs claim that defendants require franchisees1 to purchase from Diet Center, Inc., at excessive prices the Diet Center Diet Supplement ("Diet Supp"), a nutritional tablet Diet Center clients must...

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