Daniel F. Kavanaugh, Also Known as Dan Kavanaugh v. Ford Motor Company, a Corporation

SWYGERT, Circuit Judge.

This is an interlocutory appeal presenting a controlling question of law within the meaning of section 1292(b) of the Judicial Code, 28 U.S.C. § 1292 (b) (1958). The question is whether plaintiff Daniel F. Kavanaugh is an “automobile dealer” and thereby entitled to sue under the Automobile Dealers’ Franchise Act (commonly known as the Dealers’ Day in Court Act), 15 U.S.C. §§ 1221-1225 (1956).

The Automobile Dealers’ Franchise Act creates a cause of action in favor of an “automobile dealer” against an automobile manufacturer “by reason of the failure of [the] automobile…