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A & M FIX-IT, INC. v. SCHWINN BICYCLE CO.

Civ. No. NC-79-0094.

494 F.Supp. 175 (1980)

A & M FIX-IT, INC., dba A & M Mower & Cyclery, Plaintiff, v. SCHWINN BICYCLE COMPANY, a Foreign Corporation, and Schwinn Sales Midwest, Inc., a Foreign Corporation, Defendants.

United States District Court, D. Utah, N. D.

July 11, 1980.

Attorney(s) appearing for the Case

Jonathan A. Dibble, Ray, Quinney & Nebeker, Salt Lake City, Utah, Richard L. Reinish, Keck, Mahin & Cate, Chicago, Ill., for plaintiff.

Erik M. Ward and Philip C. Patterson, Patterson, Gridley & Echard, Ogden, Utah, for defendants.

ORDER AND MEMORANDUM DECISION

WINDER, District Judge.

Plaintiff A & M sold defendants' bicycles and accessories under a "Schwinn Dealer Franchise Agreement" for twenty-four of the thirty-two years it has been in business in Ogden, Utah. From 1954 until 1978, the "Schwinn Dealer Franchise Agreement" was automatically renewed each year pursuant to a letter from Schwinn's representative, W. P. Oberlin, dated October 20, 1954. Both parties rely on that letter...

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