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PLANTATION DATSUN, INC. v. CALVIN

No. Q-440.

275 So.2d 26 (1973)

PLANTATION DATSUN, INC., a Florida Corporation, and Nissan Motor Corporation in U.S.A., a California Corporation Authorized to Do Business in the State of Florida, Petitioners, v. John D. CALVIN, Director of the Division of Motor Vehicles of the Department of Highway Safety and Motor Vehicles of the State of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied April 12, 1973.

Attorney(s) appearing for the Case

Robert C. Sommerville, of Shutts & Bowen, Miami, Frederick W. Rose, of Young, Rose & Millspaugh, Newark, N.J., and Bruno Di Giulian, of Di Giulian & Spellacy, Fort Lauderdale, for petitioners.

Robert L. Shevin, Atty. Gen., Charles Knott, Tallahassee, and Edwin E. Strickland, Miami, for respondent.

J. Robert McClure and J. Klein Wigginton, of McClure & Wigginton, Tallahassee, and Joseph C. Jacobs of Ervin, Varn, Jacobs & Odom, Tallahassee, amicus curiae.

SPECTOR, Chief Judge.

Petitioner seeks a writ of certiorari to review an order of the Division of Motor Vehicles of the Department of Highway Safety and Motor Vehicles denying petitioner a license to operate a Datsun dealership. Section 320.641 et seq., Florida Statutes, F.S.A.

Nissan Motor Corporation is the exclusive distributor of Datsun automobiles in the United States and, as such, it franchises dealerships. There are three dealerships in Broward County...

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