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INTERNATIONAL HARVESTER CO. v. CALVIN

No. DD-193.

353 So.2d 144 (1977)

INTERNATIONAL HARVESTER COMPANY, Petitioner, 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, and Rich Motors, Inc., Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied January 10, 1978.

Attorney(s) appearing for the Case

John H. Schulte of Smathers & Thompson, Miami, for petitioner.

Edwin E. Strickland, Gen. Counsel, Enoch J. Whitney, Asst. Gen. Counsel, Tallahassee, and Edwin Marger, Atlanta, for respondents.

J. Robert McClure, Jr. of McClure, Wigginton, Campbell & Owen, Tallahassee, amicus curiae.

ERVIN, Judge.

International Harvester petitions for review from an order of the Director of the Division of Motor Vehicles setting aside an attempted cancellation of its franchise agreement with its West Palm Beach dealer, Rich Motors. The Director has so acted under Section 320.641, Florida Statutes (1975), which allows him to find an "unfair cancellation" in such situations.

THE FACTS

Rich Motors is a family owned business with facilities adjacent...

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