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NISSAN DIV. OF NISSAN MOTOR CORP. v. FRED ANDERSON NISSAN

No. 422PA93.

445 S.E.2d 600 (1994)

NISSAN DIVISION OF NISSAN MOTOR CORPORATION IN U.S.A. v. FRED ANDERSON NISSAN, Paul S. Meeker and Meeker Lincoln-Mercury, Inc.

Supreme Court of North Carolina.

July 29, 1994.

Attorney(s) appearing for the Case

Smith, Helms, Mullis & Moore by David M. Moore and James L. Gale, Greensboro, for plaintiff-appellee.

Johnson, Gamble, Mercer, Hearn & Vinegar by Richard J. Vinegar, Raleigh, for defendant-appellant Fred Anderson Nissan.

Brooks, Pierce, McLendon, Humphrey & Leonard by Michael D. Meeker, Greensboro, for Paul S. Meeker and Meeker Lincoln-Mercury, Inc., intervenor-appellants.

Harry H. Harkins, Jr., Durham, for North Carolina Auto. Dealers Ass'n, amicus curiae.

MITCHELL, Justice.

The controlling facts in this case are not in dispute. In December of 1981, Fred Anderson Nissan (hereinafter "Anderson") entered into a "Nissan Dealer Sales and Service Agreement" (hereinafter "agreement") with the Nissan Division of Nissan Motor Corporation. Under the terms of the agreement, Anderson was to obtain written consent from Nissan prior to relocating the dealership.

In March of 1991, Anderson learned that Paul Meeker, the owner...

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