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Our American Stories

Burger King vs. Burger King: The Lawsuit That Changed Fast Food Forever

Our American Stories

iHeartPodcasts

Society & Culture, Documentary

4.6817 Ratings

🗓️ 28 April 2026

⏱️ 8 minutes

🧾️ Download transcript

Summary

On this episode of Our American Stories, before the Burger King most people know became a nationwide fast food chain with thousands of locations, a man in Mattoon, Illinois, built his own Burger King from the ground up. When the national brand moved into nearby markets, it sparked a legal fight that would become one of the most unusual fast food lawsuits in American history.

Chris Suerdieck, a curator at the Mattoon, Illinois History Center and a former employee at the “real” Burger King, shares the true story of how this small-town burger joint beat the national chain in court, and why you won’t find a Whopper within 20 miles of his hometown.

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Transcript

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0:00.0

This is an I-Heart podcast.

0:02.6

Guaranteed Human.

0:14.2

This is Lee Habib, and this is our American Stories, the show where America is the star

0:20.0

and the American people, coming to you from

0:22.9

the city where the West begins, Fort Worth, Texas. You've probably heard of Burger King with over

0:28.8

7,000 locations and one of the most recognizable brands in America. You likely don't know

0:36.0

about the Burger King, singular, not plural. You're

0:40.3

to tell the story of a war between two hamburger joints with the same name is Chris Sertick,

0:46.1

a town historian of Matun, Illinois. You'll also be hearing from our Hillsdale intern, Nate

0:52.3

Gallagher. Let's get into the story.

0:56.7

When I was a teenager, I started working at the Burger King in 1965, and I worked there until

1:04.5

1970. So I always tell people here at our History Center that the Burger King put me through

1:10.5

college.

1:12.2

So I have a real close personal connection with the owners, and I was there during the time period

1:17.9

when the famous Burger King versus Burger King legal action was going on.

1:24.7

While this is a story about hamburgers, it doesn't start on the grill. Instead, it begins somewhere far cooler.

1:35.1

It was a soft-serve ice cream stand. In 1952, Gene Hoots bought it and continued to operate it, and the ice cream stand, it was called the Frigid Queen.

1:47.0

Directly across the street from what became the Burger King and the Frigid Queen stand

1:52.0

was the local telephone company operator station.

1:56.0

So in the course of the day, all the ladies primarily that worked in the operator building would come across

2:02.5

the street to get an ice cream cone, and they started asking him, hey, there's no place near here

2:07.8

for lunch, who have you ever thought about serving lunch? So Gene originally put just a single grill

...

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