Nicholas Crivelli Nicholas Crivelli Chevrolet, Inc. Nicholas Crivelli and Orland Crivelli, T/d/b/a Crivelli Enterprises v. General Motors Corporation

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I

INTRODUCTION

The issue presented in this case is whether the exercise by General Motors Corp. (“GM”) of its contractual right of first refusal violated § 818.9(b)(3) of the Pennsylvania Board of Vehicles Act (“the Act”), which prohibits an automobile manufacturer from unreasonably withholding its consent to the sale of a new vehicle dealer’s franchise to a qualified buyer. Nicholas Crivelli and Nicholas Crivelli Chevrolet, Inc. (collectively Crivelli), the prospective buyer of the Oldsmobile-Cadillac dealership at issue, brought this action…