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RICKY SMITH PONTIAC v. SUBARU OF NEW ENGLAND

14 Mass. App. Ct. 396 (1982)

440 N.E.2d 29

RICKY SMITH PONTIAC, INC. vs. SUBARU OF NEW ENGLAND, INC., & others.

Appeals Court of Massachusetts, Norfolk.

September 14, 1982.

Attorney(s) appearing for the Case

Robert W. Mahoney (William K. Dodds with him) for the defendants.

Allan R. Rosenberg (Alexander Whiteside with him) for the plaintiff.

Present: ARMSTRONG, ROSE, & GREANEY, JJ.

GREANEY, J.

Named for a constellation,2 the Subaru is a Japanese manufactured automobile which arrived on the American scene in the early 1970's. This case arises out of a dispute between members of Subaru's New England distribution chain which was precipitated by Subaru of New England's (SNE) grant, on February 1, 1978, of a motor vehicle franchise to the defendant Masabny. The plaintiff (Ricky Smith) challenged the grant as an impermissible...

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