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GENERAL MOTORS CORP. v. DARLING'S

No. CIV.01-151-B-S.

324 F.Supp.2d 257 (2004)

GENERAL MOTORS CORPORATION, Plaintiff, v. DARLING'S d/b/a Darling's Auto Mall, Defendant.

United States District Court, D. Maine.

July 13, 2004.

Attorney(s) appearing for the Case

Daniel L. Goldberg, Bingham McCutchen LLP, Boston, MA, Frederick J. Badger, Jr., Richardson, Whitman, Large & Badger, Bangor, ME, James C. McGrath, Bingham McCutchen LLP, Boston, MA, for plaintiff.

Judy Metcalf, Eaton Peabody, Brunswick, ME, for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SINGAL, Chief Judge.

This is the latest installment in a line of cases arising from disagreement over the meaning and application of 10 M.R.S.A. § 1176, which requires automobile manufacturers to reimburse automobile dealers for warranty repairs "at the retail rate customarily charged" by each dealer. The suit began with a declaratory judgment action filed by an automobile manufacturer, General Motors ("GM"),...

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