HERITAGE JEEP-EAGLE, INC. v. CHRYSLER CORP.

Nos. 93-P-1353 & 94-P-138.

39 Mass. App. Ct. 254 (1995)

HERITAGE JEEP-EAGLE, INC. vs. CHRYSLER CORPORATION & others (and a companion case).

Appeals Court of Massachusetts, Middlesex.

September 22, 1995.


Attorney(s) appearing for the Case

Frank C. Corso (Camille F. Sarrouf with him) for Heritage Jeep-Eagle, Inc.

Peter J. Arvanites for Courtesy Jeep-Eagle, Inc.

Robert D. Cultice for Chrysler Corporation.

J. Owen Todd for Lawless Chrysler-Plymouth Corporation.

The following submitted briefs for amici curiae:

Allan R. Curhan, Benjamin W. Moulton & Gail Eagan for Massachusetts State Automobile Dealers Association, Inc.

James J. McNulty for National Automobile Dealers Association.

Daniel L. Goldberg & William N. Berkowitz for American Automobile Manufacturers Association & another.

Present: PERRETTA, DREBEN, & GREENBERG, JJ.


PERRETTA, J.

General Laws c. 93B, § 4(3) (l), as amended by St. 1977, c. 717, § 3, makes it unlawful for a motor vehicle manufacturer or distributor "arbitrarily and without notice to existing franchisees" to grant a franchise to an additional franchisee who would conduct his dealership "from a place of business situated within the relevant market area of an existing franchisee or franchisees." This appeal brings before us the question whether a manufacturer...

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