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AM. MOTORS SALES v. DIV. OF MOTOR VEHICLES, ETC.

Nos. 78-1135, 78-1136.

592 F.2d 219 (1979)

AMERICAN MOTORS SALES CORPORATION, a Delaware Corporation, and Early AMC, Inc., a Virginia Corporation, Appellees, v. DIVISION OF MOTOR VEHICLES OF the COMMONWEALTH OF VIRGINIA, et al., Appellants. AMERICAN MOTORS SALES CORPORATION, a Delaware Corporation, and Early AMC, Inc., a Virginia Corporation, Appellees, v. VIRGINIA AUTOMOBILE DEALERS ASSOCIATION, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1979.

Attorney(s) appearing for the Case

John Hardin Young, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for Div. of Motor Vehicles.

David F. Peters, Richmond, Va. (Dale A. Oesterle, Hunton & Williams, Richmond, Va., on brief), for Va. Auto. Dealers Assn.

John F. Kay, Jr., Richmond, Va. (Lewis T. Stoneburner, Mays, Valentine, Davenport & Moore, Richmond, Va., on brief), for appellees.

Before BUTZNER, RUSSELL and WIDENER, Circuit Judges.

BUTZNER, Circuit Judge:

Virginia Code § 46.1-547(d) prevents a motor vehicle manufacturer or distributor from granting an additional franchise for a particular line-make of vehicle in a trade area already served by one or more dealers carrying the same line if, after a hearing requested by a dealer selling the same line in the area, the state Commissioner of Motor Vehicles determines that the market will not support...

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