BATEMAN v. FORD MOTOR COMPANY

No. 13901.

302 F.2d 63 (1962)

Howard BATEMAN and Marguerite B. Jones, Partners, Trading as Ernest Jones Company, Appellants, v. FORD MOTOR COMPANY.

United States Court of Appeals Third Circuit.

Decided March 28, 1962.

Rehearing Denied April 17, 1962.


Attorney(s) appearing for the Case

Israel Packel, Philadelphia, Pa. (H. James Sautter, Daniel Lowenthal, Philadelphia, Pa., Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., of counsel, on the brief), for appellants.

Harold E. Kohn, Philadelphia, Pa. (Aaron M. Fine, Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, KALODNER and GANEY, Circuit Judges.


GOODRICH, Circuit Judge.

Plaintiff brought, in the District Court for the Eastern District of Pennsylvania, a suit for an injunction and damages under the "Dealer's Day in Court Act," 15 U.S.C.A. §§ 1221-1225. He asked for a preliminary injunction. This was denied on the ground that the statutory right to damages is exclusive, and the plaintiff appeals.

The statute under which the action is brought, 15 U.S.C.A. § 1222, provides as follows:<...

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