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CAMFIELD TIRES, INC. v. MICHELIN TIRE CORP.

No. 82-1808.

719 F.2d 1361 (1983)

CAMFIELD TIRES, INC., Appellant, v. MICHELIN TIRE CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 28, 1983.

Attorney(s) appearing for the Case

Hugh R. Kincaid, Kincaid, Horne & Trumbo, Fayetteville, Ark., James M. Micali, Asst. Gen. Counsel, Michelin Tire Corp., Lake Success, N.Y., for appellee.

William M. Cromwell, Rose, Kinsey & Cromwell, Fort Smith, Ark., for appellant.

Before BRIGHT and JOHN R. GIBSON, Circuit Judges, and HANSON, District Judge.

JOHN R. GIBSON, Circuit Judge.

This case presents the troublesome issue of whether summary judgment may be granted when one of the parties after giving a deposition later files an affidavit with directly contrary statements. The question arises in an action filed by Camfield Tires, Inc., against Michelin Tire Corporation, which cancelled Camfield as a dealer. In Count I of its claim Camfield alleges that Michelin wrongfully terminated the dealership contract. In Count...

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