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FIRESIDE NISSAN, INC. v. FANNING

Civ. A. No. 92-0198B.

828 F.Supp. 989 (1993)

FIRESIDE NISSAN, INC. v. Daniel P. FANNING, Director of Department of Transportation, State of Rhode Island.

United States District Court, D. Rhode Island.

July 29, 1993.

Attorney(s) appearing for the Case

Ronald W. Del Sesto, Updike, Kelly, Spellacy & Del Sesto, Providence, RI, for plaintiff.

J. Ryder Kenney, Legal Counsel to the Director, Providence, RI, for defendant Fanning, Director of Dept. of Transp.

Gerald C. De Maria, Lawrence McCarthy, Higgins Cavanaugh & Cooney, Providence, RI, for intervenor Nissan Motor Corp. in U.S.A.

John D. Biafore, Goldman & Biafore, Providence, RI, for intervenor Nissan of Smithfield, Inc.

OPINION

FRANCIS J. BOYLE, Senior District Judge.

This case involves the constitutionality of the provisions of Rhode Island's Motor Vehicle Code Act governing the establishment of new motor vehicle dealerships. Rhode Island General Laws, Section 31-5.1-4.2 requires a manufacturer to notify dealers "in the relevant market area" of its intention to establish an additional dealership. Existing retail dealers may then protest the action and the Rhode Island...

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