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EASTERN AUTO DISTRIBUTORS, INC. v. PEUGEOT MOTORS OF AMERICA

Civ. A. No. 81-733-N.

573 F.Supp. 943 (1983)

EASTERN AUTO DISTRIBUTORS, INC., Plaintiff, v. PEUGEOT MOTORS OF AMERICA, INC. and Automobiles Peugeot, S.A., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

October 17, 1983.

Attorney(s) appearing for the Case

Wayne Lustig, Judith M. Ziegler, Guy, Cromwell, Betz & Lustig, Virginia Beach, Va., for plaintiff.

Conrad M. Shumadine, John Y. Pearson, Jr., Bruce T. Bishop, Willcox, Savage, Dickson, Hollis & Eley, Norfolk, Va., for defendants.

ORDER AND OPINION

DOUMAR, District Judge.

Eastern Auto Distributors, Inc. moves this Court under Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss a counterclaim filed by Peugeot Motors of America, Inc. (hereinafter PMA). The basis for the requested dismissal is the contention that the counterclaimant seller lacks standing to allege antitrust and contractual violations against the buyer.

PMA is a Delaware corporation with exclusive...

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