Legal Opinion

Barney Motor Sales v. Cal Sales, Inc.

District Court, S.D. California

Decided November 3, 1959No. Civ. 54-59-TCPublishedCited by 18 opinions

1Opinion of the Court

THURMOND CLARKE, District Judge.

This suit is brought by a dealer in Triumph motor cars for failure to renew his franchise contrary to the provisions of the Automobile Dealers’ Day in Court Act of 1956, 15 U.S.C.A. §§ 1221-1225.. Defendant has moved for summary judgment on the grounds that it is not a “manufacturer” as contemplated by the terms of the Act.

In substance, the affidavits and pleadings before the court show that defendant is a California corporation engaged in the distribution of Standard-Triumph Motor Cars in the State of California and in certain other western states. The stock…

2Cases cited1 opinion

  1. Moon Motor Car Co. of New York v. Moon Motor Car Co.Court of Appeals for the Second Circuit · 1928

3Cited by18 opinions

  1. Sherman v. British Leyland Motors, Ltd.Court of Appeals for the Ninth Circuit · 1979
  2. Edward C. Rea and 22 Ford Inc., a Corporation v. Ford Motor Company, a CorporationCourt of Appeals for the Third Circuit · 1974
  3. George L. Stansifer, Dba Lakewood Sports Cars v. Chrysler Motors Corporation, and J. O. Fisher Corporation (Jim Fisher Motors)Court of Appeals for the Ninth Circuit · 1973
  4. Volkswagen Interamericana, S.A. v. Henry RohlsenCourt of Appeals for the First Circuit · 1966
  5. B. T. Woodard and B. J. Woodard, D/B/A Woodard Motor Company v. General Motors CorporationCourt of Appeals for the Fifth Circuit · 1962

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