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FOX MOTORS, INC. v. MAZDA DISTRIBUTORS (GULF)

No. 83-2125.

806 F.2d 953 (1986)

FOX MOTORS, INC., and Kae Myers Motors, Inc., Plaintiffs-Appellees, v. MAZDA DISTRIBUTORS (GULF), INC., and Mazda Motors of America (Central), Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 26, 1986.

Attorney(s) appearing for the Case

Charles T. Newton, Jr. (Ann Lents, with him on the brief and Murray E. Abowitz of Abowitz & Welch, Oklahoma City, Okl., with him on the brief) of Vinson & Elkins, Houston, Tex., for defendants-appellants.

Jack N. Price, Austin, Tex. (Charles Freede, Oklahoma City, Okl., with him on the brief), for plaintiffs-appellees.

J. Paul McGrath, Asst. Atty. Gen. (Douglas H. Ginsburg, Deputy Asst. Atty. Gen., Barry Grossman and William J. Roberts, Attys., Dept. of Justice, Washington, D.C.), filed an amicus curiae brief, for the United States of America.

Before SEYMOUR and DOYLE, Circuit Judges, and CARRIGAN, District Judge.

SEYMOUR, Circuit Judge.

Plaintiffs, Fox Motors, Inc. and Kae Myers Motors, Inc., two Mazda dealerships in Oklahoma, sued Mazda Motors of America, Inc. (Central) and Mazda Distributors, Inc. (Gulf) under the federal antitrust laws, 15 U.S.C. §§ 1 et seq. (1982), and the Automobile Dealers' Day in Court Act, id. §§ 1221 et seq., otherwise known as the Dealers' Act. The district court directed a verdict for Central on the Dealers...

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