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MIDWEST MOTOR SPORTS v. ARCTIC SALES, INC.

Nos. 01-2292, 01-2423, 01-2424.

347 F.3d 693 (2003)

MIDWEST MOTOR SPORTS, doing business as Elliott Power Sports, Inc., a South Dakota corporation, Appellee, v. ARCTIC CAT SALES, INC., a Minnesota corporation, Appellant, A-Tech Cycle Service, Inc., Appellee, Roger W. Damgaard; Timothy R. Shattuck, Attorneys for Arctic Cat Sales, Inc., Appellants. Midwest Motor Sports, INC., a South Dakota corporation doing business as Elliott Power Sports, Appellant, v. Arctic Cat Sales, Inc., a Minnesota corporation, Appellee. Arctic Cat Sales, Inc., a Minnesota corporation, Appellee, v. A-Tech Cycle Service, Inc., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 20, 2003.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was James Ellis Moore, Sioux Falls, SD.

Counsel who presented argument on behalf of the appellee Midwest Motor Sports was Steven M. Johnson, Sioux Falls, SD. Counsel who presented argument on behalf of the appellee A-Tech Cycle Service was Daniel W. Lias, Sioux Falls, SD.

Before HANSEN, Chief Judge, JOHN R. GIBSON, Circuit Judge, and GOLDBERG, Judge.

HANSEN, Circuit Judge.

This case arose out of a dispute between Arctic Cat Sales, Inc. (Arctic Cat), a snowmobile manufacturer, and two South Dakota Arctic Cat dealers, Midwest Motor Sports, Inc., d/b/a/ Elliott Power Sports (Elliott), and A-Tech Cycle Service, Inc. (A-Tech). Elliott sued Arctic Cat, asserting that Arctic Cat had violated South Dakota franchise law when it terminated Elliott's Arctic Cat franchise and established A-Tech as a new franchise in the same...

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