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BRATTLEBORO AUTO SALES v. SUBARU OF NEW ENGLAND

No. 804, Docket 79-7648.

633 F.2d 649 (1980)

BRATTLEBORO AUTO SALES, INC., Plaintiff-Appellant, v. SUBARU OF NEW ENGLAND, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 21, 1980.

Attorney(s) appearing for the Case

Thomas F. Heilmann, Burlington, Vt., for plaintiff-appellant.

Robert D. Rachlin, John H. Marshall, South Burlington, Vt., for defendant-appellee.

Walter E. Huizenga, McLean, Va., for amicus curiae Nat. Auto. Dealers Ass'n.

Thomas F. Heilmann, Burlington, Vt., for Vermont Automotive Trade Assn.

Allan R. Rosenberg, Boston, Mass., for amicus curiae New England Subaru Dealers Council, Inc.

Before WATERMAN, MANSFIELD and TIMBERS, Circuit Judges.

WATERMAN, Circuit Judge:

Plaintiff-appellant Brattleboro Auto Sales, Inc. ("BAS") appeals from a judgment entered August 28, 1979 in the United States District Court for the District of Vermont (Coffrin, D. J.), denying BAS's motion for a permanent injunction and entering judgment for the defendant-appellee, Subaru of New England, Inc. ("SNE"). The principal effect of this judgment is to remove any legal barrier to SNE's planned termination of its franchise relationship...

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