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CRIVELLI v. GENERAL MOTORS CORP.

No. 99-3133.

215 F.3d 386 (2000)

Nicholas CRIVELLI; Nicholas Crivelli Chevrolet, Inc.; Nicholas Crivelli and Orland Crivelli, t/d/b/a Crivelli Enterprises v. GENERAL MOTORS CORPORATION, Appellant

United States Court of Appeals, Third Circuit.

Filed June 14, 2000.

Attorney(s) appearing for the Case

Evan M. Tager, Eileen Penner (Argued), Thomas B. Colby, Mayer, Brown & Platt Washington, DC, James A. Mollica, Jr., Mollica & Murray, Pittsburgh, PA, Carol Lesnek-Cooper, Detroit, MI, Attorneys for Appellant.

Diane W. Perer (Argued), Swensen Perer & Kontos, Pittsburgh, PA, J. Alan Johnson, Pittsburgh, PA, Samuel J. Orr, III, Beaver, PA, Attorneys for Appellees.

Before: SLOVITER, ROTH and COWEN, Circuit Judges

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

INTRODUCTION

The issue presented in this case is whether the exercise by General Motors Corp. ("GM") of its contractual right of first refusal violated § 818.9(b)(3) of the Pennsylvania Board of Vehicles Act ("the Act"), which prohibits an automobile manufacturer from unreasonably withholding its consent to the sale of a new vehicle dealer's franchise to a qualified buyer. Nicholas...

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