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AMERICAN HONDA MOTOR CO., INC. v. BERNARDI'S, INC.

Nos. 99-1921, 99-1922.

198 F.3d 293 (1999)

AMERICAN HONDA MOTOR CO., INC., Plaintiff, Appellee, v. BERNARDI'S, INC. d/b/a Bernardi Honda, Defendant, Appellant. American Honda Motor Co., Inc., Plaintiff, Appellee, v. Richard Lundgren, Incorporated d/b/a Lundgren Honda, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 14, 1999.

Attorney(s) appearing for the Case

Richard B. McNamara, with whom Gregory A. Holmes, Stephanie A. Bray, Elizabeth M. Leonard, and Wiggin & Nourie, P.A. were on brief for appellants.

Richard J. Inglis, with whom Richard A. Gargiulo, Marielise Kelly, and Gargiulo, Rudnick & Gargiulo were on brief for appellee.

Before LIPEZ, Circuit Judge, BOWNES, Senior Circuit Judge, and SARIS, District Judge.

BOWNES, Senior Circuit Judge.

This appeal arises from two interpretations of the Massachusetts Automobile Dealers' Act by the district court. Mass. Gen. Laws Ann. ch. 93B, § 4 (West 1997) (the Act).

The district court ruled that under § 4(3)(l) of the Act the relevant market area of an automobile dealer is "a circle, with the dealer at the center, circumscribing the geographical area comprising either two-thirds of the dealer's new vehicle...

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