COLONIAL FORD, INC. v. FORD MOTOR CO.

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

592 F.2d 1126 (1979)

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.

Rehearing Denied March 1, 1979.


Attorney(s) appearing for the Case

Peter W. Billings, Stanford B. Owen and Peter W. Billings, Jr., of Fabian & Clendenin, Salt Lake City, Utah, for defendant-appellant Ford Motor Co.

Harold G. Christensen and R. Brent Stephens, of Snow, Christensen & Martineau, Salt Lake City, Utah, and George V. Burbach, Dearborn, Mich., for defendant-appellant and cross-appellee, Ford Motor Credit Co.

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

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


McKAY, Circuit Judge.

We have granted Ford Motor Company's petition for rehearing because we may have understated a significant element of the case. While we believe some clarification of our prior opinion1 is in order, except as clarified herein our prior opinion with respect to the dispute between Ford Motor Company and Colonial is reaffirmed. We also have granted Colonial Ford, Inc.'s petition for rehearing. We conclude that a new trial...

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