664 F2d 23 Beardshall v. Minuteman Press International Inc  664
F.2d 23  Thomas A. BEARDSHALL and Annamae Beardshall, his wife
No. 81-1387.  United States Court of Appeals, Third Circuit.
Argued Oct. 14, 1981. Decided Nov. 17, 1981.  Robert L. Potter
(argued), Titus Marcus & Shapira, Pittsburgh, Pa., for
appellant; Andre Weitzman, Braiterman & Johnson, P. A.,
Baltimore, Md., of counsel.  Maurice A. Nernberg, Jr. (argued),
Nernberg & Laffey, Pittsburgh, Pa., for appellees.  Before
HUNTER, ROSENN, and WEIS, Circuit Judges.   ROSENN, Circuit
Judge.   The twin issues on appeal in this diversity case1 stem
from the instructions of the trial court to the jury. The
plaintiffs, Thomas A. Beardshall and his wife Annamae, brought
suit in the United States District Court for the Western
District of Pennsylvania charging the defendant, Minuteman Press
International, Inc. (Minuteman), a nationwide franchisor, with
having committed common law fraud under Pennsylvania law2 when
it entered into a franchise agreement with t