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  5. 439 U.S. 96 (1978)
 

NEW MOTOR VEHICLE BD. OF CAL. v. ORRIN W. FOX CO.

No. 77-837.

439 U.S. 96 (1978)

NEW MOTOR VEHICLE BOARD OF CALIFORNIA ET AL. v. ORRIN W. FOX CO. ET AL.

Supreme Court of United States.

Decided December 5, 1978.

Attorney(s) appearing for the Case

Robert L. Mukai, Deputy Attorney General of California, argued the cause for appellants in No. 77-837. With him on the briefs were Evelle J. Younger, Attorney General, and Stephen J. Egan, Deputy Attorney General. James R. McCall argued the cause and filed briefs for appellants in No. 77-849.

William T. Coleman, Jr., argued the cause for appellees in both cases. With him on the brief were Girard E. Boudreau, Jr., George R. Baffa, Norin T. Grancell, Otis M. Smith, and Robert W. Culver.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Under the California Automobile Franchise Act, a motor vehicle manufacturer must secure the approval of the California New Motor Vehicle Board before opening a retail motor vehicle dealership within the market area of an existing franchisee, if and only if that existing franchisee protests the establishment of the competing dealership. The Act also directs the Board to notify the manufacturer of this statutory...

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