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TOWN AND COUNTRY MOTORS, INC. v. BILL DODGE AUTOMOTIVE GROUP, INC.

No. CIV. 00-43-P-H.

115 F.Supp.2d 31 (2000)

TOWN AND COUNTRY MOTORS, INC. D/B/A Ziebart Tidycar ME-90, Plaintiff, v. THE BILL DODGE AUTOMOTIVE GROUP, INC., Defendant.

United States District Court, D. Maine.

September 29, 2000.

Attorney(s) appearing for the Case

Nicholas J.K. Mahoney, Yarmouth, for Town and Country Motors, Inc., plaintiff.

Marshall J. Tinkle, David M. Hirshon, Tompkins, Clough, Hirshon & Langer, Portland, ME, for Bill Dodge Automotive Group, Inc., Bill Dodge Ford-Lincoln-Mercury, Inc., Bill Dodge Oldsmobile-Cadillac, Inc., Bill Dodge Oldsmobile-Buick-Pontiac-Gmc Truck, Inc., Bill Dodge Buick-Gmc Truck, Inc., defendants.

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

HORNBY, Chief Judge.

Town and Country Motors, the plaintiff, is a Ziebart franchisee that sells rustproofing services. The remaining defendant, a Bill Dodge dealership in Westbrook,1 sells new and used cars. Apparently some Bill Dodge sales personnel have been discouraging their customers from purchasing aftermarket rustproofing services by saying that rustproofing will void the...

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