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CEMAR, INC. v. NISSAN MOTOR CORP. IN U.S.A.

Civ. A. No. 87-165-CMW.

678 F.Supp. 1091 (1988)

CEMAR, INC., t/a Rising Sun Motors, Plaintiff, v. NISSAN MOTOR CORPORATION IN U.S.A., Defendant. NISSAN MOTOR CORPORATION IN U.S.A., Counter-Plaintiff, v. CEMAR, INC., t/a Rising Sun Motors, and William T. Murray, Counter-Defendants.

United States District Court, D. Delaware.

January 29, 1988.

Attorney(s) appearing for the Case

Kenneth W. Lewis, of Daley & Lewis, Newark, Del., of counsel: David F. Albright, Franklin T. Caudill, and Paul J. Cohen, of Semmes, Bowen & Semmes, Baltimore, Md., for plaintiff and counter-defendants.

Robert K. Payson, of Potter, Anderson & Corroon, Wilmington, Del., of counsel: Reed E. Hundt, and Eric A. Stern, of Latham & Watkins, Washington, D.C., for defendant.

OPINION

CALEB M. WRIGHT, Senior District Judge.

This action is a motion to dismiss arising out of a suit filed by an automobile dealer against its supplier. Cemar, Inc., the plaintiff, alleges that the defendant, Nissan Motor Corporation in U.S.A., engaged in a pattern of conduct to discriminate against it with respect to the processing, handling, and sale of motor vehicles and parts, and to eventually replace it with a more favored dealer. Cemar seeks damages...

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