GALLO MOTOR CENTER v. MAZDA MOTOR OF AMERICA

No. CIV.A. 01-40157-NMG.

190 F.Supp.2d 188 (2002)

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

United States District Court, D. Massachusetts.

March 7, 2002.


Attorney(s) appearing for the Case

Elizabeth M. Leonard, Richard B. McNamara, Gregory A.0.00 Holmes, Wiggin & Nourie, PA, for Gallo Motor Center Corporation dba Gallo Mazda.

John R. Skelton, William F. Benson, Bingham Dana, Boston, MA, for Mazda Motor of America, Inc.


MEMORANDUM & ORDER

GORTON, District Judge.

The plaintiff, Gallo Motor Center Corporation ("Gallo"), contests the establishment of a new dealership by Mazda Motor of America, Inc. ("Mazda") on Route 9 at Walnut Street in Shrewsbury, Massachusetts. The gravamen of the plaintiff's complaint is that Mazda's proposed dealer site in Shrewsbury violates the so-called "Dealer's Bill of Rights", M.G.L. c 93B § 4(3)(1).

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