RANDY'S STUDEBAKER SALES, INC. v. NISSAN MOTOR CORP.

No. 75-1348.

533 F.2d 510 (1976)

RANDY'S STUDEBAKER SALES, INC., d/b/a Randy's Datsun Sales, Plaintiff-Appellee, v. NISSAN MOTOR CORPORATION IN U.S.A., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 2, 1976.

Rehearing Denied May 4, 1976.


Attorney(s) appearing for the Case

Daniel L. Berman of Berman & Giauque, Salt Lake City, Utah (Douglas J. Parry of Berman & Giauque, and Lowell V. Summerhays, Salt Lake City, Utah, on the brief), for plaintiff-appellee.

Merlin O. Baker of Ray, Quinney & Nebeker, Salt Lake City, Utah (Jonathan A. Dibble of Ray, Quinney & Nebeker, Salt Lake City, Utah, and Lillick, McHose & Charles, Los Angeles, Cal., on the brief), for defendant-appellant.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.


DOYLE, Circuit Judge.

The appellant has appealed from a judgment entered against it on a jury verdict in the amount of $600,000 in favor of Randy's Studebaker Sales, Inc., d/b/a Randy's Datsun Sales. Violations of Sections 1 and 2 of the Sherman Antitrust Act and violations of the Automobile Dealer Franchise Act, 15 U.S.C. Sections 1221-25 were alleged. In essence Nissan Motor Corporation was charged with conspiring with Datsun dealers to eliminate competition in...

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