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FLM COLLISION PARTS, INC. v. FORD MOTOR CO.

Nos. 1192, 1260, Dockets 76-7161, 76-7202.

543 F.2d 1019 (1976)

FLM COLLISION PARTS, INC., Plaintiff-Appellee-Cross-Appellant, v. FORD MOTOR COMPANY and Ford Marketing Corporation, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 30, 1976.

Attorney(s) appearing for the Case

Robert MacCrate, William M. Dallas, Jr., Sullivan & Cromwell, Stanley D. Robinson, Michael Malina, Kaye, Scholer, Fierman, Hays & Handler, New York City, William A. Zolbert, Detroit, Mich. (Office of General Counsel, Ford Motor Co., of counsel), for defendants-appellants.

David Jaroslawicz, New York City (Alfred S. Julien, Stuart A. Schlesinger, Julien & Schlesinger, P. C., David L. Wasser, New York City, of counsel), for plaintiff-appellee.

Before MANSFIELD, OAKES and GURFEIN, Circuit Judges.

MANSFIELD, Circuit Judge:

In this civil anti-trust suit for damages in the Southern District of New York by FLM Collision Parts, Inc. an independent wholesaler of automobile parts, against Ford Motor Co. and its wholly owned subsidiary, Ford Marketing Corporation (herein collectively referred to as "Ford"), the subject of attack is a Ford incentive allowance plan under which Ford grants to each of its franchised dealers a discount on the dealer's purchases of "crash...

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