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BARNEY MOTOR SALES v. CAL SALES, INC.

Civ. No. 54-59-TC.

178 F.Supp. 172 (1959)

BARNEY MOTOR SALES, a California Corporation, Plaintiff, v. CAL SALES, INC., a California Corporation, Defendant.

United States District Court S. D. California, Central Division.

November 3, 1959.

Attorney(s) appearing for the Case

Potruch & Lerten, Los Angeles, Cal., for plaintiff.

H. Spencer St. Clair, Los Angeles, Cal., for defendant.

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...

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