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

Nos. 88-2598, 88-2604.

892 F.2d 355 (1989)

PEUGEOT MOTORS OF AMERICA, INC., Plaintiff-Appellant, v. EASTERN AUTO DISTRIBUTORS, INC., Defendant-Appellee. PEUGEOT MOTORS OF AMERICA, INC., Plaintiff-Appellee, v. EASTERN AUTO DISTRIBUTORS, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 19, 1989.

Rehearing and Rehearing Denied February 27, 1990.

Attorney(s) appearing for the Case

John Y. Pearson, Jr. (Conrad M. Shumadine, James J. Wheaton, Randy D. Singer, Willcox & Savage, P.C., Norfolk, Va.; Peter S. Paine, Jr., Peter Mozarsky, Cleary, Gottlieb, Steen & Hamilton, on brief), for plaintiff-appellant.

Arthur S. Linker (Max Freund, Robert W. Gottlieb, Rosenman & Colin, New York City, Robert C. Nusbaum, Thomas F. McPhaul, Joseph R. Lassiter, Jr., William F. Devine, Beth Hirsch Berman, Hofheimer, Nusbaum, McPhaul & Samuels, Norfolk, Va., on brief), for defendant-appellee.

Before WIDENER, HALL, and WILKINS, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 27, 1990.

WIDENER, Circuit Judge:

In 1971, Eastern Auto Distributors, Inc. (Eastern) entered into a Distributor Agreement with the corporate predecessor of Peugeot Motors of America, Inc. (Peugeot). On October 14, 1987, Peugeot sent a notice of non-renewal to Eastern. On November 9, 1987, Peugeot filed its complaint asking for a declaratory judgment that it properly exercised its rights under the contract not...

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