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O.V. MARKETING ASSOCIATES, INC. v. CARTER

No. 90-1551-C.

766 F.Supp. 960 (1991)

O.V. MARKETING ASSOCIATES, INC., Plaintiff, v. Charles C. CARTER and Sports, Inc., Defendants.

United States District Court, D. Kansas.

May 22, 1991.

Attorney(s) appearing for the Case

Terry L. Malone & Brian Burris, Martin, Pringle, Oliver, Wallace & Swartz, Wichita, Kan., for plaintiff.

Daniel K. Diederich, Kennedy, Berkley, Yarnevich & Williamson, Chtd., Salina, Kan., Roger Sherwood, Sherwood, Harper & Gregory, Wichita, Kan., for defendants.

MEMORANDUM AND ORDER

CROW, District Judge.

Plaintiff, O.V. Marketing Associates, Inc. ("O.V."), is the franchisor of "Olympia Village" sporting goods stores. Plaintiff filed this action alleging the defendant, Charles C. Carter, a franchisee, breached his franchise agreement. Plaintiff sought monetary damages and specific performance or injunctive relief on the restrictive covenant. Both sides filed dispositive motions which the court decided in the order...

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