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KIZZIER CHEVROLET CO. v. GENERAL MOTORS CORP.

No. 82-1484.

705 F.2d 322 (1983)

KIZZIER CHEVROLET COMPANY, INC., OF SCOTTSBLUFF, NEBRASKA, and Dwayne Kizzier, Appellants, v. GENERAL MOTORS CORPORATION, OLDSMOBILE DIVISION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 22, 1983.

Rehearing Denied May 4, 1983.

Attorney(s) appearing for the Case

Robert G. Simmons, Jr. of Wright, Simmons & Selzer, Scottsbluff, Neb., for appellants.

David A. Svoboda, Lyman L. Larsen, Kennedy, Holland, DeLacy & Svoboda, Omaha, Neb., for appellee; Otis M. Smith, Gen. Counsel, and Timothy C. McCann, General Motors Corp., Detroit, Mich., of counsel.

Before LAY, Chief Judge, and BRIGHT and ROSS, Circuit Judges.

BRIGHT, Circuit Judge.

Kizzier Chevrolet Company, Inc., brought this action against General Motors Corporation (GM), alleging violation of the Automobile Dealers Day in Court Act, 15 U.S.C. §§ 1221-1225, and breach of a dealer sales and service agreement. The district court1 entered judgment for GM, and Kizzier appeals. For the reasons outlined below, we affirm the judgment of the district court.

I. Background.

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