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COWIN EQUIPMENT CO., INC. v. GENERAL MOTORS CORP.

No. 83-7041.

734 F.2d 1581 (1984)

COWIN EQUIPMENT COMPANY, INC. etc., Plaintiff-Appellee, v. GENERAL MOTORS CORPORATION, etc., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 29, 1984.

Attorney(s) appearing for the Case

Charles L. Robinson, Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, Ala., Carol Lesnek Cooper, Detroit, Mich., for defendant-appellant.

Frank Hilton-Green Tomlinson, Madison W. O'Kelley, Jr., Birmingham, Ala., for plaintiff-appellee.

Before GODBOLD, Chief Judge, RONEY and KRAVITCH, Circuit Judges.

RONEY, Circuit Judge:

Plaintiff Cowin Equipment Co., Inc. sued General Motors Corporation (GMC) for damages on the ground that the terms of its dealer sales and service agreement were unconscionable under § 2-302 of the Uniform Commercial Code. The district court held the provision was unconscionable as a matter of law and denied defendant's motion for summary judgment. We granted leave to appeal on the district court's 1292(b) certificate. 28 U.S.C.A. §...

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