Ace Cycle World, Inc. v. American Honda Motor Co., Inc.

FLAUM, Circuit Judge.

Plaintiff, Ace Cycle World, Inc. (“Ace”), appeals from the district court’s F.R.Civ.P. 12(b)(6) dismissal for failure to state a cause of action under the Illinois Motor Vehicle Franchise Act, Ill.Rev.Stat. ch. 121V2, § 751 et seq. Ace brought this action against American Honda Motor Co. (“Honda”) in an attempt to enjoin the latter from selling another motor scooter franchise within a close proximity to plaintiff’s existing Honda dealership. A 1983 amendment to the Act protects franchisees from the creation of a new franchise within a ten mile radius of their existing…