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SMITH'S CYCLES, INC. v. ALEXANDER

No. 7510SC411.

219 S.E.2d 282 (1975)

27 N.C. App. 382

SMITH'S CYCLES, INC. v. J. F. ALEXANDER, Commissioner of Motor Vehicles of North Carolina.

Court of Appeals of North Carolina.

November 5, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William W. Melvin, Raleigh, for defendant appellee.

Dameron, Turner, Enochs & Foster by James R. Turner, Greensboro, for plaintiff appellant.

Allen, Steed & Pullen, P. A. by Arch T. Allen, III, Raleigh, for intervenor appellee, American Honda Motor Company, Inc.

CLARK, Judge.

The Commissioner of Motor Vehicles and American Honda, Intervenor, apparently have taken the position that when American Honda, on 25 July 1973, notified plaintiff that it would grant a new franchise in the Greensboro area before 1 September 1973, the plaintiff should have requested a hearing and determination by the Commissioner; that his request or petition should have been made within 30 days after notice; and that upon plaintiff's failure to do so...

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