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GRAPPONE, INC. v. SUBARU OF NEW ENGLAND, INC.

No. 87-1538.

858 F.2d 792 (1988)

GRAPPONE, INC., Plaintiff, Appellee, v. SUBARU OF NEW ENGLAND, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 30, 1988.

Attorney(s) appearing for the Case

Harold E. Magnuson, Boston, Mass., (antitrust issues) and John W. Barto, Concord, N.H., (attorneys' fees) with whom Martin, Magnuson, McCarthy & Kenney, Boston, Mass., and Barto and Puffer, P.A., Concord, N.H., were on brief for defendant, appellant.

Jay N. Varon with whom Dennis A. Henigan, Denise T. DiPersio, Foley & Lardner, Washington, D.C., Howard B. Myers and Myers, Jordan & Duffy, Concord, N.H., were on brief for plaintiff, appellee.

Before COFFIN, BREYER and SELYA, Circuit Judges.

BREYER, Circuit Judge.

Subaru of New England, Inc. (SNE), a regional Subaru distributor, appeals an antitrust treble damage award totalling $51,729.59, 534 F.Supp. 1282, (plus $200,590.18 costs and attorneys fees). The award rests upon the district court's determination that SNE, as a condition of making Subaru cars available to Grappone, Inc. (Grappone), a local automobile dealer, required Grappone to buy some spare Subaru parts...

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