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BURGER KING CORP. v. AUSTIN

No. 90-0784-CIV.

805 F.Supp. 1007 (1992)

BURGER KING CORPORATION, Plaintiff/Counter-Defendants, v. James R. AUSTIN, Loretta W. Austin and Austin Food Corp., Defendants/Counter-Plaintiffs.

United States District Court, S.D. Florida.

October 9, 1992.

Attorney(s) appearing for the Case

T. Joan Lawrence, Steel Hector & Davis, Miami, Fla., for plaintiff.

Stephen M. Jampol, Rock & Leits, Atlanta, Ga., Stuart H. Sobel, Sobel & Sobel, Miami, Fla., for defendants.

ORDER

HOEVELER, District Judge.

THIS CAUSE is before the Court on Counter-Defendant Burger King Corporation's ("BKC") Motions: (1) to Dismiss Defendants' ("Austins") First Amended Counterclaim ("Counterclaim"); and (2) to Strike Defendants' Prayer for Damages in the Counterclaim. Also pending is Austins' Appeal from Magistrate Judge Bandstra's Order dated November 30, 1990.

I. BACKGROUND

Austins were franchisees of two Burger King restaurants...

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