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DARLING'S v. FORD MOTOR CO.

817 A.2d 877 (2003)

2003 ME 21

DARLING'S v. FORD MOTOR COMPANY.

Supreme Judicial Court of Maine.

Decided: February 25, 2003.

Attorney(s) appearing for the Case

Judy A.S. Metcalf (orally), Eaton Peabody, Brunswick, for plaintiff.

Daniel L. Rosenthal (orally), James T. Kilbreth, Verrill & Dana, LLP, Portland, for defendant.

Bruce T. Gerrity, Roy T. Pierce, Preti Flaherty, Portland, for Maine Automobile Dealers Ass'n, amicus curiae.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, ALEXANDER, CALKINS, and LEVY, JJ.

LEVY, J.

[¶ 1] Darling's, an automobile dealer/franchisee, appeals from a summary judgment entered in the Superior Court (Penobscot County, Hjelm, J.) in favor of Ford Motor Co., an automobile manufacturer/franchisor. Darling's complaint seeks to recoup warranty repair reimbursement claims that Ford had previously approved and paid, but charged back to Darling's after conducting an audit. Darling's also seeks to permanently enjoin Ford from such action...

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