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FORD M. CO. v. STATE BD. OF VEH. M., D. & S.

No. 3077 C.D. 1984.

107 Pa.Commw. 313 (1987)

528 A.2d 1002

Ford Motor Company, Petitioner v. Commonwealth of Pennsylvania, State Board of Vehicle Manufacturers, Dealers and Salespersons, Respondent.

Commonwealth Court of Pennsylvania.

July 10, 1987.

Attorney(s) appearing for the Case

Robert E. Kelly, Jr., Duane, Morris & Heckscher, for petitioner.

Jerome T. Foerster, Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondent.

Vincent J. Grogan, with him, Kathryn L. Simpson, Grogan, Graffam, McGinley & Lucchino, P.C., for intervenor, McCrackin-Sturman Ford, Inc.

Submitted on briefs March 27, 1987, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 10, 1987:

Pursuant to a post-trial motion in our original jurisdiction, McCrackin-Sturman Ford, Inc., a vehicle dealership, requests entry of judgment in its favor, or in the alternative, a new trial, following an adjudication by Senior Judge BUCHER of this court upholding the right of the Ford Motor Company (Ford) to establish, over McCrackin's protest,1 an additional Ford dealership within McCrackin's market...

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