WEDGEWOOD INV. CORP. v. INTERN. HARVESTER

No. 1 CA-CIV 3692.

126 Ariz. 157 (1979)

613 P.2d 620

WEDGEWOOD INVESTMENT CORP., an Arizona Corporation, dba Nassers Fiat-International, Appellant, v. INTERNATIONAL HARVESTER COMPANY, a Delaware Corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied January 4, 1980.

Review Denied January 22, 1980.


Attorney(s) appearing for the Case

Neville, Lalliss & Tanner, P.C. by Robert T. Neville, Phoenix, for appellant.

Jennings, Strouss & Salmon by John S. Hobbs, Leo R. Beus and Stephen C. Earl, Phoenix, for appellee.


OPINION

HAIRE, Judge.

The issues raised on this appeal from a summary judgment require that this Court determine whether the performance of an agreement between the appellant-dealer (referred to herein as "Nassers") and the appellee-manufacturer (International Harvester) would be illegal as a per se antitrust violation, and, if so, whether that illegality would preclude the enforcement of Nassers' claim for damage for the alleged breach thereof by International...

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