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COLONIAL FORD, INC. v. FORD MOTOR CO.

Nos. 76-2079, 76-2080 and 76-2083.

577 F.2d 106 (1978)

COLONIAL FORD, INC., a Utah Corporation, Plaintiff, Appellee, Cross-Appellant, v. FORD MOTOR COMPANY, a Delaware Corporation, Defendant, Appellant, and Ford Motor Credit Company, a Delaware Corporation, Defendant, Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 31, 1978.

Attorney(s) appearing for the Case

Peter W. Billings, Jr., Salt Lake City, Utah (Peter W. Billings, Stanford B. Owen, Ted D. Smith, Fabian & Clendenin, Salt Lake City, Utah, with him on brief), for defendant, appellant, Ford Motor Company.

Harold G. Christensen, Salt Lake City, Utah (R. Brent Stephens, Snow, Christensen & Martineau, Salt Lake City, Utah, and George V. Burbach, Dearborn, Mich., of counsel, with him on brief), for defendant, appellant, cross-appellee, Ford Motor Credit Company.

Daniel L. Berman, Salt Lake City, Utah (Richard W. Giauque, and Gordon Strachan, of Berman & Giauque, Salt Lake City, Utah, with him on brief), for plaintiff, appellee, cross-appellant, Colonial Ford, Inc.

Before SETH, Chief Judge, and DOYLE and McKAY, Circuit Judges.

SETH, Chief Judge.

Colonial Ford, Inc. brought this action against Ford Motor Company and Ford Motor Credit Company. There were several causes of action alleged in the complaint; however, only two were submitted to the jury. These were a cause under Section 1 of the Sherman Act, and the second was under the Automobile Dealer Franchise Act, 15 U.S.C. § 1221.

The plaintiff corporation had been a Ford dealer in Utah, and during most of the time here concerned...

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