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C. EARL BROWN, INC. v. COM. OF PA.

No. 123 C.D. 1988.

124 Pa.Commw. 205 (1989)

555 A.2d 314

C. Earl Brown, Inc., Isaacs GMC, Inc., Iron City Truck Center, Tornetta GMC Truck & Equipment Co., and Triangle GMC Truck, Inc., Petitioners v. Commonwealth of Pennsylvania, State Board of Vehicle Manufacturers, Dealers and Salespersons, Respondent.

Commonwealth Court of Pennsylvania.

March 16, 1989.

Attorney(s) appearing for the Case

David E. Lehman, with him, Stephen A. Moore, McNees, Wallace & Nurick, for petitioners.

April L. McClaine, with her, Joyce McKeever, Chief Counsel, and Velma A. Boozer, Chief Counsel, for respondent.

James A. Mollica, Jr., Meyer, Darragh, Buckler, Bebenek & Eck, for Volvo White Truck Corporation, and intervenor, General Motors Corporation.

Argued September 13, 1988, before President Judge CRUMLISH, JR., Judge SMITH, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, March 16, 1989:

The two petitioners before this Court, Tornetta GMC Truck & Equipment Co. and Triangle GMC Truck, Inc. (Petitioners) were dealers whose heavy-duty truck franchises were terminated by General Motors Corporation (GMC). Petitioners each filed separate appeals with the State Board of Vehicle Manufacturers, Dealers and Sales-persons (Board), which consolidated five separate appeals for hearing.1

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