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CARROLL KENWORTH TRUCK SALES, INC. v. KENWORTH TRUCK CO.

Nos. 85-7119, 85-7139.

781 F.2d 1520 (1986)

CARROLL KENWORTH TRUCK SALES, INC., a corporation, Plaintiff-Appellee, v. KENWORTH TRUCK COMPANY, A DIVISION OF PACCAR, INC., Defendant-Appellant. CARROLL KENWORTH TRUCK SALES, INC., a corporation, Plaintiff-Appellant, v. KENWORTH TRUCK COMPANY, A DIVISION OF PACCAR, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 10, 1986.

Attorney(s) appearing for the Case

John H. Morrow, Braxton Schell, Jr., Bradley, Arant, Rose & White, Birmingham, Ala., for defendant-appellant, and defendant-appellee.

Ronald G. Davenport, Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, Montgomery, Ala., for plaintiff-appellee, and plaintiff-appellant.

Before GODBOLD, Chief Judge, JOHNSON, Circuit Judge, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

The plaintiff Carroll Kenworth Truck instituted this action against Kenworth Truck Company under 15 U.S.C. § 1221-1225, the Automobile Dealers Day in Court Act, and its Alabama equivalent, Section 8-20-1, et seq. of the Alabama Code of 1975, the Alabama Motor Vehicle Franchise Act. The plaintiff sought damages for the wrongful termination and/or non-renewal of its franchise agreement with Kenworth Truck Company. After a two...

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