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YAMAHA MOTOR CORP., U.S.A. v. SMIT

No. CIV.A. 3:01CV471.

276 F.Supp.2d 490 (2003)

YAMAHA MOTOR CORP., U.S.A., Plaintiff, v. Demerst B. SMIT, in his Official Capacity as the Acting Commissioner of the Department of Motor Vehicles and Jim's Motorcycle, Inc., d/b/a Atlas Honda/Yamaha Defendants.

United States District Court, E.D. Virginia, Richmond Division.

July 31, 2003.

Attorney(s) appearing for the Case

J. William Boland, Esquire, Thomas E. Spahn, Esquire, Robert M. Tyler, Esquire, Laura R. White, Esquire, McGuireWoods LLP, Richmond, David P. Murray, Esquire, Wilkie Farr & Gallagher, Washington, D.C., for Plaintiff.

Walter A. Marston, Jr., Esquire, George E. Kostel, Esquire, Reed Smith LLP, Richmond, for Jim's Motorcycle.

Jeffrey A. Spencer, Esquire, Office of the Attorney General, Richmond, for Demerst Smit.

Bryan M. Haynes, Esquire, Troutman Sanders LLP, Richmond, James J. Briody, Esquire, Sutherland, Asbill & Brennan, Washington, D.C., for Harley-Davidson (Movant).

MEMORANDUM OPINION

PAYNE, District Judge.

Yamaha Motor Corporation, U.S.A. ("Yamaha") is a California corporation that distributes motorcycles and related parts and accessories throughout the United States. Yamaha has approximately 1,200 authorized motorcycle dealers nationwide, twenty-six of which are located in the Commonwealth of Virginia. Defendant, Demerst B. Smit,1 is the Commissioner of the Virginia Department of Motor...

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