GEORGE LUSSIER, INC. v. SUBARU OF NEW ENGLAND

No. 03-2715.

393 F.3d 36 (2004)

GEORGE LUSSIER ENTERPRISES, INC. d/b/a Lussier Subaru; Sullivan County Motors, Inc. d/b/A Subaru of Claremont; Camilleri Bros., Inc. d/b/a C & C Subaru; Bald Hill Realty, Inc. d/b/a Bald Hill Subaru; Kinney Motors, Ltd.; Reynolds Garage & Marine, Inc., Plaintiffs, Appellants, v. SUBARU OF NEW ENGLAND, INC.; Ernest J. Boch, Jr. and Joseph Appelbe, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 16, 2004.


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.

Donald R. Frederico, with whom Steven W. Kasten and McDermott, Will & Emery were on brief, for Ernest J. Boch and Subaru of New England, Inc.

Howard Cooper, with whom Nicholas Carter and Todd & Weld LLP were on brief, for Subaru of New England, Inc.

Ronald L. Snow, with whom Lisa S. Wade and Orr & Reno P.A. were on brief, for Joseph A. Appelbe.

Paul R. Norman, with whom Catherine L. Cetrangolo and Boardman, Suhr, Curry & Field LLP were on brief, for amicus curiae National Automobile Dealers Association.

Before TORRUELLA, Circuit Judge, ROSENN, Senior Circuit Judge, and HOWARD, Circuit Judge.


TORRUELLA, Circuit Judge.

Various New England Subaru dealers ("Dealers") appeal the summary judgment entered in favor of their distributor, Subaru of New England, Inc. ("SNE"), its sole shareholder and President, the late Ernest Boch, and its General Manager, Joseph Appelbe, in a class action commenced on March 5, 1999. Dealers assert that SNE controlled the vehicle allocation process to coerce them into purchasing unwanted accessories, and stated claims under the...

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