Legal Opinion
Burger King Corp. v. Horn & Hardart Co.
District Court, S.D. New York
Decided April 13, 1989No. 87 Civ. 6494 (WK)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM & ORDER
WHITMAN KNAPP, District Judge.
This hotly-contested case concerns a 1980 Settlement Agreement which, according to both parties, was designed to avoid future hostilities.1 The Agreement not only failed *104to head off litigation but, by its loose wording, engendered it. At issue is whether Horn & Hardart Company’s Burger King restaurant franchises are governed by twenty-year terms, as defendant Horn & Hardart contends, or by fifteen-year terms, as plaintiff Burger King Corporation contends. For reasons which follow, we grant Horn & Hardart’s cross-motion for partial summary…
2Cases cited4 opinions
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- Long Island Airports Limousine Service Corp. v. Playboy-Elsinore AssociatesCourt of Appeals for the Second Circuit · 1984
- Arbuckle v. Lumbermens Mut. Casualty Co. of IllinoisCourt of Appeals for the Second Circuit · 1942
- Corning Glass Works v. Southern New England Telephone Co.District Court, W.D. New York · 1987
3Cited by1 opinion
- Burger King Corporation v. The Horn & Hardart CompanyCourt of Appeals for the Second Circuit · 1990