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GALLO MOTOR CENTER CORP. v. MAZDA MOTOR OF AMERICA

No. 01-40157-NMG.

172 F.Supp.2d 292 (2001)

GALLO MOTOR CENTER CORP., Plaintiff v. MAZDA MOTOR OF AMERICA, INC., Defendant.

United States District Court, D. Massachusetts.

November 5, 2001.

Attorney(s) appearing for the Case

Richard B. McNamara, Gregory A. Holmes, Wiggin & Nourie, P.A., Manchester, NH, for plaintiff.

John R. Skelton, William F. Benson, Bingham Dana, Boston, MA, for defendants.

MEMORANDUM & ORDER

GORTON, District Judge.

The plaintiff, Gallo Motor Center Corporation ("Gallo"), filed suit in this Court on August 21, 2001 against Mazda Motor of America, Inc. ("Mazda") contesting Mazda's establishment of a new dealership on Route 9 and Walnut Street in Shrewsbury, Massachusetts. The plaintiff argues, inter alia, that (1) Mazda's proposed dealer site in Shrewsbury violates M.G.L. c 93B § 4(3)(l), (2) the subsidization...

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