[Download] "Chicken Delight v. George B. Harris" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Chicken Delight v. George B. Harris
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 02, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Order In a Petition for Writ of Mandamus, the Petitioners challenge a portion of an Order issued by the District Court on
March 5, 1969. The Real Parties in Interest, Plaintiffs below, are five of some six-hundred fifty franchisees of the Petitioners who seek
treble damages for Petitioners' alleged unlawful monopolistic practices. They successfully advanced their contention that
their suit was properly maintainable as a class action under Rule 23(a) and (b)(3), Fed. R. Civ. P. Siegel v. Chicken Delight,
Inc., 271 F. Supp. 722 (N.D. Cal. 1967). Discovery proceedings followed, after which a dispute arose concerning the issues
which might properly be set forth by the Real Parties in Interest in their contemplated notices to all members of the class.
District Judge Harris, the Respondent here, resolved the controversy by the issuance of the Order in question. The Order
authorized the Real Parties in Interest to include in their class notices, two alleged issues. The first of these, which the
parties call "the requirements issue," is relative to certain provisions in Petitioners' standard forms of franchise agreements,
and the Petitioners do not here question the propriety of communication by the Real Parties in Interest of the existence of
that issue in the suit. The second issue is the so-called "pricing issue," and this relates to the allegation by the Real
Parties in Interest that the Petitioners have unlawfully exercised control over the retail prices of all members of the class.
It is the inclusion of that issue which the petition for mandamus attacks.