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Type
Opinion
Author
Richard Allen Griffin
Filed
March 12, 2025
Case
Oakland Family Restaurants v. American Dairy Queen Corp
Case status
Decided

Opening text

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NOT RECOMMENDED FOR PUBLICATION File Name: 25a0140n.06 No. 24-1331 UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT Mar 12, 2025 KELLY L. STEPHENS, Clerk OAKLAND FAMILY RESTAURANTS, INC; ) ) LAKE AREA RESTAURANTS, INC., ) Plaintiffs-Appellants, ON APPEAL FROM THE ) UNITED STATES DISTRICT ) v. COURT FOR THE EASTERN ) DISTRICT OF MICHIGAN ) AMERICAN DAIRY QUEEN CORPORATION, ) OPINION Defendant-Appellee. ) ) Before: CLAY, GIBBONS, and GRIFFIN, Circuit Judges. GRIFFIN, Circuit Judge. Plaintiffs operate twelve Dairy Queen franchises and want to reward some longtime loyal employees by assigning franchise rights to them. When defendant American Dairy Queen Corporation conditioned its consent for that assignment on the new owners signing updated franchise agreements, plaintiffs sued for breach of contract and sought declaratory relief. The district court granted summary judgment in defendant’s favor, and we affirm. I. In 1965, American Dairy Queen Corporation (“ADQ”) granted rights to a franchisee to develop and operate Dairy Queen restaurants in Oakland County, Michigan, under a franchise agreement (“the 1965 Agreement”). Relevant to this appeal, the 1965 Agreement provided that…

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