Fast food restaurant chain Wendy’s International Inc. is taking a second shot at dismissing a closely watched antitrust case filed by a franchisee against Wendy’s and a subsidiary that makes hamburger buns.

On June 16 in Burda v. Wendy’s International Inc. in the Southern District of Ohio, Wendy’s and another defendant filed a motion to dismiss franchisee Robert Burda’s amended complaint. The defendants argue that Burda and the corporate entities he controls are not properly prosecuting the case. They also argue that Burda and the other plaintiffs have failed to comply with a court order requiring them to obtain new counsel by June 3.

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