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AL SMITH BUICK CO., INC. v. MAZDA MOTOR OF AMERICA, INC.

No. COA95-814.

470 S.E.2d 552 (1996)

AL SMITH BUICK CO., INC., d/b/a Al Smith Mazda v. MAZDA MOTOR OF AMERICA, INC., and Cary Auto Investors Company

Court of Appeals of North Carolina.

May 21, 1996.

Attorney(s) appearing for the Case

Johnson, Mercer, Hearn & Vinegar, PLLC by Richard J. Vinegar and Shawn D. Mercer, Raleigh, for appellant Al Smith Buick Co., Inc. d/b/a Al Smith Mazda.

Smith Helms Mulliss & Moore, L.L.P. by James L. Gale and Mary M. Dillon, Raleigh, for appellee Mazda Motor of America, Inc.

Moore & Van Allen, PLLC by David E. Fox and Robert A. Meynardie, Raleigh, for intervenor Cary Auto Investors Company.

GREENE, Judge.

Al Smith Buick Co., Inc., d/b/a Al Smith Mazda (Al Smith) appeals from the trial court's order filed 4 May 1995, which affirmed the order of the Commissioner of the North Carolina Division of Motor Vehicles (Commissioner) which authorized Mazda Motor of America, Inc. (Mazda) to establish a dealership in Cary, North Carolina.

On 5 March 1990, Mazda notified Al Smith, pursuant to N.C. Gen.Stat. § 20-305(5), of its intent to enter a franchise...

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