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FOX v. MAZDA CORP. OF AMERICA

No. 87-2609.

868 F.2d 1190 (1989)

Floyd FOX, d/b/a Mazda of Weatherford, Kae Myers, d/b/a Kae Myers Mazda; Floyd Fox; Floyd Fox Mazda, Inc., Plaintiffs, and Fox Motors, Inc.; Kae Myers Motors, Inc., d/b/a Kae Myers Mazda, Plaintiffs-Appellants, v. MAZDA CORPORATION OF AMERICA; Mazda Motors of America; Mazda Distributors (Pacific), Inc.; Mazda Motors of America (Central), Inc., Defendants, Mazda Distributors (Gulf), Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 1, 1989.

Attorney(s) appearing for the Case

Jack N. Price, Austin Tex., for plaintiffs-appellants.

Charles T. Newton, Jr. (Richard D. Milvenan, Vinson & Elkins, of counsel, with him on the brief), Houston, Tex., Murray E. Abowitz, Noma D. Gurich, Abowitz & Welch, Oklahoma City, Okl., of counsel, with him on the brief), for defendant-appellee.

Before HOLLOWAY, Chief Judge, and BARRETT and EBEL, Circuit Judges.

BARRETT, Senior Circuit Judge.

Fox Motors, Inc. (Fox) and Kae Myers Motors, Inc. (Myers), hereinafter collectively referred to as appellants, appeal from a stipulated judgment of $75,000 entered against Mazda Distributor (Gulf), Inc. for the purpose of challenging rulings of the trial court limiting appellants' proof of damages.

This case is before us for the second time. The relevant facts were detailed in our prior...

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