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AGENCY RENT A CAR SYSTEM v. GRAND RENT A CAR CORP.

Nos. 2021, 2223, Dockets 96-7204, 96-7332.

98 F.3d 25 (1996)

AGENCY RENT A CAR SYSTEM, INC.; Avis, Inc.; and Avis Rent A Car System, Inc., Plaintiffs-Appellants/Cross-Appellees, v. GRAND RENT A CAR CORP.; Baker Car and Truck Rental, Inc.; Motorent, Inc.; General Car & Truck Leasing System, Inc.; Shore Rentals, Inc.; Hayes Leasing Company, Inc.; Car and Truck Rentals, Inc.; Checker Leasing, Inc.; and Rent-A-Car Co., Inc., Defendants-Appellees/Cross-Appellants, Kal-Co Rental & Leasing, Inc.; Ness Rent A Car, Inc.; Auto Rent, Inc.; Coastal Bend Rent A Car, Inc., individually and on behalf of all others similarly situated, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 18, 1996.

Attorney(s) appearing for the Case

Malcolm I. Lewin, Morrison Cohen Singer & Weinstein, New York City (Sarah C. Lichtenstein, of counsel; Linda Silberman, New York City, of counsel; Andrew Schepard, Hempstead, New York, of counsel), for Plaintiffs-Appellants.

Job Taylor III, Latham & Watkins, New York City, for Defendant-Appellee/Cross-Appellant Grand Rent A Car.

David M. Zensky, Akin, Gump, Strauss, Hauer & Feld, New York City (Steven M. Pesner, of counsel), for Defendants-Appellees/Cross-Appellants other than Grand Rent A Car and Defendants-Appellees.

Before: WINTER and CABRANES, Circuit Judges, and MOTLEY, District Judge.

WINTER, Circuit Judge:

Avis, Inc., Avis Rent A Car System, Inc. (collectively "AVIS"), and Agency Rent A Car ("Agency") filed this declaratory judgment action against various out-of-state licensees seeking an interpretation of the underlying licensing agreements. Judge Hurley held that the licensees are not subject to personal jurisdiction under Section 302(a)(1) of New York's long-arm statute. N.Y.Civ. Prac.L. & R. § 302(a)(1). We reverse.

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