NEMER JEEP-EAGLE v. JEEP-EAGLE SALES CORP.

No. 758, Docket 92-9081.

992 F.2d 430 (1993)

NEMER JEEP-EAGLE, INC., Plaintiff-Appellant, v. JEEP-EAGLE SALES CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 28, 1993.


Attorney(s) appearing for the Case

Francis V. Imbornone, New York City (Snow Becker Krauss P.C., of counsel), for plaintiff-appellant Nemer Jeep-Eagle, Inc.

Thomas S. Wiswall, Buffalo, NY (Phillips, Lytle, Hitchcock, Blaine & Huber, of counsel), for defendant-appellee Jeep-Eagle Sales Corp.

Before: CARDAMONE and PRATT, Circuit Judges, and LASKER, District Judge.


CARDAMONE, Circuit Judge:

An automobile dealer appeals from the denial of injunctive relief it sought when the manufacturer whose line of autos it sold granted additional dealerships in its market area. In declining to grant injunctive relief, the district court quite naturally applied the familiar rules used to determine when a preliminary injunction should issue. But because of the contractual relationship between the parties, the dealer's motion should have been...

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