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KAPIOLANI MOTORS, LTD. v. GENERAL MOTORS CORP.

Civ. No. 2943.

337 F.Supp. 102 (1972)

KAPIOLANI MOTORS, LTD., Plaintiff, v. GENERAL MOTORS CORPORATION and General Motors Overseas Distributors Corporation, Defendants and Third-Party Plaintiffs. MIKE SALTA PONTIAC, INC., Defendant, v. James ZUKERKORN, Third-Party Defendant.

United States District Court, D. Hawaii.

February 2, 1972.

Attorney(s) appearing for the Case

Vernon F. L. Char, Honolulu, Hawaii (Damon, Shigekane & Char, Honolulu, Hawaii, of counsel), Maxwell M. Blecher, Los Angeles, Cal. (Blecher & Collins, Los Angeles, Cal., of counsel), for plaintiff Kapiolani Motors and third-party defendant James Zukerkorn.

Martin Anderson, James M. Sattler, Honolulu, Hawaii (Jenks, Kidwell, Goodsill & Anderson, Honolulu, Hawaii, of counsel), Julius Russu, Detroit, Mich. (Ross L. Malone, Detroit, Mich., of counsel), for defendants and third-party plaintiffs General Motors Corp. and General Motors Overseas Distributors Corp.

John D. McComish, Honolulu, Hawaii (Fong, Miho, Robinson, Zimmerman & McComish, Honolulu, Hawaii, of counsel), Stephen A. Nye, Peter V. Brucher, San Francisco, Cal. (Sullivan, Jones, Archer & Brucher, San Francisco, Cal., of counsel), for defendant Mike Salta Pontiac, Inc.

DECISION ON MOTION FOR SUMMARY JUDGMENT

PENCE, Chief Judge.

Mike Salta Pontiac, Inc., in its counterclaim against Kapiolani Motors, argues that Kapiolani, by its monetary return from General Motors on allegedly fraudulent and false warranty claims against General Motors, has unlawfully induced and received a price discrimination in violation of § 2(f) of the Clayton Act, 15 U.S.C. § 13(f). Salta's contention is that the payment by General Motors...

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