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AMERICAN MOTORS SALES CORP. v. PETERS

Nos. 555A82, 130PA82.

317 S.E.2d 351 (1984)

AMERICAN MOTORS SALES CORPORATION and Hubert Vickers d/b/a 421 Motor Sales, Petitioners, v. Elbert L. PETERS, Commissioner of Motor Vehicles, Respondent, and James Wilson Pennell d/b/a Pennell Motor Company, Intervenor.

Supreme Court of North Carolina.

July 6, 1984.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by William F. Womble, Jr. and James M. Stanley, Jr., Winston-Salem, for petitioners-appellants.

Rufus L. Edmisten, Atty. Gen. by William W. Melvin, Deputy Atty. Gen., Raleigh, for respondent-appellee.

White & Crumpler by Craig B. Wheaton, Winston-Salem, for intervenor-appellee.

Johnson, Gamble & Shearon by Samuel H. Johnson and Richard J. Vinegar, Raleigh, for amicus curiae North Carolina Automobile Dealers Assn.

EXUM, Justice.

After a hearing held pursuant to N.C. Gen.Stat. § 20-305(5) (1978),1 the Commissioner of Motor Vehicles concluded that the North Wilkesboro market area for American Motors Jeeps would not support two dealerships and, further, that American Motors did not comply with the statute's notice requirements. The Commissioner, therefore, revoked an American Motors Jeep dealership...

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