BMW STORES, INC. v. PEUGEOT MOTORS OF AMERICA

No. 87-5566.

860 F.2d 212 (1988)

The BMW STORES, INC., Plaintiff-Appellant, v. PEUGEOT MOTORS OF AMERICA, INC., Defendant, Eastern Auto Distributors, Inc., Riverside Ford, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 28, 1988.


Attorney(s) appearing for the Case

Bernard C. Fox, Paul Nidich (argued), Cincinnati, Ohio, for plaintiff-appellant.

John Y. Pearson, Jr., Willcox and Savage, Norfolk, Va., for Peugeot Motors of America, Inc.

Patrick D. Lane, Dinsmore & Shohl, Cincinnati, Ohio, Christopher J. Mehling, Rhonda S. Morris (argued), Covington, Ky., for defendants-appellees.

Before ENGEL, Chief Judge, and KEITH and RYAN, Circuit Judges.


RYAN, Circuit Judge.

Under Kentucky law, an automobile distributor seeking to enter into a franchise agreement establishing an additional new car dealership may find itself unable to do so if its proposed dealership is within ten miles of an existing dealership selling the same automobile line. Ky.Rev.Stat.Ann. (KRSA) § 190.047(6). The issue in this case is whether the limitations imposed by § 190.047(6) apply when the existing dealership is within ten miles...

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