CAPITAL FORD TRUCK SALES, INC. v. FORD MOTOR CO.

Civ. No. 1:90-cv-507-ODE.

779 F.Supp. 1345 (1990)

CAPITAL FORD TRUCK SALES, INC. and William M. Anderson v. FORD MOTOR COMPANY.

United States District Court, N.D. Georgia, Atlanta Division.

September 12, 1990.


Attorney(s) appearing for the Case

Dirk Glen Christensen, Homer Lamar Mixson, Suzanne Forbis North, Bondurant Mixson & Elmore, Atlanta, Ga., for plaintiffs.

Carey P. DeDeyn, Laura Malynn Shamp, Sutherland Asbill & Brennan, Atlanta, Ga., Jill Nickerson MacDonald, Ford Motor Co., Dearborn, Mich., for defendant.


ORDER

ORINDA D. EVANS, District Judge.

This price fixing case is before the court on Defendant's motion to dismiss claims pursuant to Fed.R.Civ.P. 12(b)(6).

The essentials of this case revolve around the rather complex wholesale pricing mechanism between a truck dealer and a truck manufacturer. Plaintiffs, a truck dealership and its owner/dealer, entered into various agreements with Defendant, Ford Motor Co. ("Ford"), which established

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