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ANDERSON FOREIGN MOTORS v. NEW ENGLAND TOYOTA, ETC.

Civ. A. No. 76-417-G.

475 F.Supp. 973 (1979)

ANDERSON FOREIGN MOTORS, INC., on behalf of itself and all others similarly situated, Plaintiffs, v. NEW ENGLAND TOYOTA DISTRIBUTOR, INC., et al., Defendants.

United States District Court, D. Massachusetts.

August 29, 1979.

Attorney(s) appearing for the Case

Donald B. Gould, Goodwin, Proctor & Hoar, Boston, Mass., for plaintiffs.

James D. St. Clair, Robert W. Mahoney, Hale & Dorr, Boston, Mass., for defendants.

James F. McHugh, John J. Curtin, Jr., Bingham, Dana & Gould, Boston, Mass., for Toyota Motor Sales, U.S.A., Inc.

MEMORANDUM OF DECISION

GARRITY, District Judge.

The precise characterization of the motions now before the court is disputed by the parties. Anderson Foreign Motors, Inc., a Toyota automobile dealer, brought this class action against New England Toyota Distributor, Inc. (hereinafter NET) and George A. Butler, formerly President and Treasurer and now Chairman of the Board and Chief Executive Officer of NET,1 for violation of Section...

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