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ART JANPOL VOLKSWAGEN v. FIAT MOTORS OF NORTH AMERICA, INC.

Nos. 83-1401, 83-1526.

767 F.2d 690 (1985)

ART JANPOL VOLKSWAGEN, INC., d/b/a Art Janpol Motors, Plaintiff-Appellee Cross-Appellant, v. FIAT MOTORS OF NORTH AMERICA, INC., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 10, 1985.

Attorney(s) appearing for the Case

Oliver Burton Cohen of Cohen & Aldridge, P.A., Albuquerque, N.M., for plaintiff-appellee cross-appellant.

Jeffrey E. Livingston of Pavia & Harcourt, New York City (David A. Botwinik and Richard L. Mattiaccio of Pavia & Harcourt, New York City, and Nicholas R. Gentry of Johnson and Lanphere, P.C., Albuquerque, N.M., with him on brief), for defendant-appellant cross-appellee.

Before SETH, LOGAN, and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Art Janpol Volkswagen, Inc. ("Janpol"), a New Mexico corporation, brought this diversity action against Fiat Motors of North America, Inc. ("Fiat"), a New Jersey corporation, alleging breach of contract and seeking monetary and injunctive relief. After a bench trial on the merits, the district court entered judgment in favor of Janpol, and awarded compensatory and punitive damages. The court denied attorneys fees to Janpol, and both parties...

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