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LIBERTY LINCOLN-MERCURY v. FORD MOTOR CO.

Nos. 96-5762, 97-5189 and 97-5190.

134 F.3d 557 (1998)

LIBERTY LINCOLN-MERCURY v. FORD MOTOR COMPANY, Appellant in No. 96-5762. LIBERTY LINCOLN-MERCURY, INC. v. FORD MOTOR COMPANY, Appellant in No. 97-5189. LIBERTY LINCOLN-MERCURY, INC., Appellant in No. 97-5190, v. FORD MOTOR COMPANY.

United States Court of Appeals, Third Circuit.

Decided January 22, 1998.

Attorney(s) appearing for the Case

Dennis R. LaFiura (argued), Pitney, Hardin, Kipp & Szuch, Morristown, NJ, Michael R. Feagley, Mayer, Brown & Platt, Chicago, IL, John J. Sullivan, Robert L. Bronston, Mayer, Brown & Platt, Washington, DC, for Appellant and Cross Appellee Ford Motor Company.

Norman I. Klein Goldman, Carlett, Garrison & Klein, Clifton, NJ, Eric L. Chase (argued), Genevieve K. LaRobardier, Bressler, Amery & Ross, Morristown, NJ, for Appellee and Cross Appellant Liberty Lincoln-Mercury, Inc.

BEFORE: GREENBERG, ROTH, and SEITZ, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

Defendant Ford Motor Company ("Ford") appeals from an order of the district court dated March 13, 1996, entered March 15, 1996, granting partial summary judgment in favor of plaintiff Liberty Lincoln-Mercury, Inc. ("Liberty") on the grounds that Ford's assessment of a dealer-parity surcharge ("DPS") violated the New Jersey Franchise Practices...

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