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SOUTHERN PINES CHRYSLER-PLYMOUTH v. CHRYSLER CORP.

Nos. 86-1593, 86-1599.

826 F.2d 1360 (1987)

SOUTHERN PINES CHRYSLER-PLYMOUTH, INC., d/b/a Duffield & Barbour, Inc., Plaintiff-Appellee, v. CHRYSLER CORPORATION, Defendant-Appellant, United States of America; Motor Vehicle Manufacturers Association of the United States, Inc., Amicus Curiae, and Chrysler Credit Corporation, Defendant. SOUTHERN PINES CHRYSLER-PLYMOUTH, INC., d/b/a Duffield & Barbour, Inc., Plaintiff-Appellant, v. CHRYSLER CORPORATION, Defendant-Appellee, United States of America; Motor Vehicle Manufacturers Association of the United States, Inc., Amicus Curiae, and Chrysler Credit Corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1987.

Rehearing and Rehearing Denied September 24, 1987.

Attorney(s) appearing for the Case

Gerald M. Rosberg, Washington, D.C. (Joseph Angland, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, Lewis H. Goldfarb, Washington, D.C., on brief), for appellant.

Thomas G. Slater, Jr. (R. Noel Clinard, Christopher J. Mugel, Hunton & Williams, Richmond, Va., William H. Crabtree, Knoxville, Tenn., on brief), for amicus curiae Motor Vehicle Mfrs. Ass'n.

Jerre B. Swann (Matthew H. Patton, Kilpatrick & Cody, Atlanta, Ga., on brief), for appellee.

Douglas H. Ginsburg, Asst. Atty. Gen., W. Stephen Cannon, Deputy Asst. Atty. Gen., Catherine G. O'Sullivan and Donald S. Clark, Dept. of Justice, Washington, D.C., on brief, for amicus curiae U.S.

Before PHILLIPS, ERVIN and CHAPMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 24, 1987.

CHAPMAN, Circuit Judge:

The appellant Chrysler Corporation was found to have coerced the Southern Pines Chrysler-Plymouth car dealership to purchase hard-to-market automobiles as a precondition to obtaining fast-selling automobiles for its car lot. Southern Pines brought suit, alleging that Chrysler had violated section one of the Sherman Act, 15 U.S.C. § 1,1 the Automobile...

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