Representing franchisees against their franchisor, we urged the Third Circuit to recognize a claimed tying arrangement in the aftermarket for ingredients and supplies used by franchisees to make the product sold under the franchisor’s trademark, at the time a cutting edge issue in franchising antitrust law. By a 7-6 vote, the Third Circuit declined to rehear en banc the 2-1 decision of the panel. See 129 F.3d 724.
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Queen City Pizza v. Domino’s Pizza, Inc.