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BIG APPLE BMW, INC. v. BMW OF NORTH AMERICA, INC.

Nos. 91-1339, 91-1458.

974 F.2d 1358 (1992)

BIG APPLE BMW, INC.; Potamkin BMW and VW, Inc.; Robert Potamkin; Alan Potamkin, Appellants in No. 91-1339, v. BMW OF NORTH AMERICA, INC.; and Bayerische Motoren Werks, A.G. BIG APPLE BMW, INC.; Potamkin BMW & VW, Inc.; Robert Potamkin; Alan Potamkin v. BMW OF NORTH AMERICA, INC.; and Bayerische Motoren Werks, A.G. BMW of North America, Inc., Appellant in No. 91-1458.

United States Court of Appeals, Third Circuit.

Decided August 6, 1992.

Rehearing and Rehearing Denied September 2, 1992.

Attorney(s) appearing for the Case

Harold E. Kohn (argued), Robert J. LaRocca, Kohn, Savett, Klein & Graf, Charles J. Bloom, Kleinbard, Bell & Brecker, Philadelphia, Pa., for appellants cross appellees.

Henry T. Reath, Lewis R. Olshin, Duane, Morris & Heckscher, Philadelphia, Pa., James W. Quinn (argued), Mindy J. Spector, Weil, Gotshal & Manges, New York City, for appellee cross appellant.

Before: MANSMANN, COWEN and ROTH, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 2, 1992.

OPINION OF THE COURT1

MANSMANN, Circuit Judge.

In these cross appeals, we are once again called upon to delineate that quantum of evidence necessary for an antitrust plaintiff to prove in order to withstand a motion for summary judgment. Here the unsuccessful applicants for several BMW franchises brought suit against the United States distributor for BMW automobiles...

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