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VOLKSWAGENWERK, AG v. SMITH

No. 78-550 Civil.

471 F.Supp. 385 (1979)

VOLKSWAGENWERK, AG, Plaintiff, v. Carl SMITH, Individually and as Proprietor of Independent Volkswagen Service, a/k/a Beetle Clinic, Defendant.

United States District Court, D. New Mexico.

June 1, 1979.

Attorney(s) appearing for the Case

W. Robert Lasater, Jr., Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., for plaintiff.

Joe A. Duran, Albuquerque, N. M., for defendant.

COURT'S FINDINGS OF FACT AND CONCLUSIONS OF LAW

PAYNE, District Judge.

The following shall constitute the Findings of Fact and Conclusions of Law of the Court:

FINDINGS OF FACT

1. Plaintiff, Volkswagenwerk AG ("VWAG"), a corporation organized under the laws of the Federal Republic of Germany, manufactures automobiles which are sold in the United States through a network of authorized distributors (wholesalers) and

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