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Buffets v. Klinke

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73 F.3d 965, *; 1996 U.S. App. LEXIS 436, **; 37 U.S.P.Q.2D (BNA) 1449; 96 Cal. Daily Op. Service 315 BUFFETS, INC., a Minnesota corporation; and EVERGREEN BUFFETS, INC., an Oregon corporation, Plaintiffs-Appellants, v. PAUL KLINKE; CAROL KLINKE; GREG KLINKE; GRANNY'S BUFFET, INC., a Washington corporation; and MARK MILLER, Defendants-Appellees. No. 94-36222 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 73 F.3d 965; 1996 U.S. App. LEXIS 436; 37 U.S.P.Q.2D (BNA) 1449; 96 Cal. Daily Op. Service 315; 96 Daily Journal DAR 507 December 7, 1995, Argued and Submitted, Seattle, Washington January 16, 1996, Filed PRIOR HISTORY: [**1] Appeal from the United States District Court for the Eastern District of Washington. …show more content…

Paul offered Bickle $ 60.00, but Bickle refused both the money and the opportunity to perform those services. Between March 19, 1991 and April 2, 1991, Greg Klinke and Miller discussed the possibility [**4] of Greg's obtaining work at one of the OCB restaurants. On April 2, Greg applied for a job as a cook. On his application, however, he did not disclose either his true residence or his experience as a cook working for his parents. Nor did he reveal the fact that he was still on his parents' payroll. That summer, Miller asked one of Scott's former administrative assistants to help him compile an employee's manual. Miller provided the bulk of the material for the manuals; the district court found that the new manuals were "almost exact copies of OCB position manuals." In August, Miller gave a licensed transcriber a box of recipes to retype and subsequently delivered to the Klinkes what the district court described as the "OCB recipes." The district court found that when the Klinkes first opened their buffet restaurant, Granny's, they used the copied position manuals to train their employees and the OCB recipes to prepare their dishes. The court granted the Klinkes' motion for summary judgment on the Washington Consumer Protection Act claim, maintaining that the Klinkes' alleged wrongful conduct did not impact the public interest. After a bench trial, it held that

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