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ANDERSON ENGINES, INC. v. BRIGGS & STRATTON

No. 79-533-Orl-Civ-R.

531 F.Supp. 1155 (1982)

ANDERSON ENGINES, INC., a Florida corporation, Plaintiff, v. BRIGGS & STRATTON CORPORATION, a Delaware corporation, and Spencer Engine & Magneto, Inc., a Florida corporation, Defendants.

United States District Court, M. D. Florida, Orlando Division.

February 17, 1982.

Attorney(s) appearing for the Case

John Crider, Crystal River, Fla., for plaintiff.

Davisson F. Dunlap, Edward A. Marod of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Orlando, Fla., for Briggs & Stratton.

Keith Rounsaville of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill and Richard W. Reeves, Tampa, Fla., for Spencer Engine.

MEMORANDUM OF DECISION

JOHN A. REED, Jr., District Judge.

Pleadings and Facts

This cause has been considered by the court on a motion for summary judgment filed by the defendants. The amended complaint alleges that on 30 September 1971 the plaintiff was designated by the defendant Spencer Engine & Magneto, Inc. (hereafter Spencer) to act as an authorized service distributor for small gasoline powered engines and replacement parts manufactured...

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