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YAMAHA MOTOR CORP. v. JIM'S MOTORCYCLE, INC.

No. Civ.A. 3:01CV471.

381 F.Supp.2d 499 (2005)

YAMAHA MOTOR CORPORATION, U.S.A., Plaintiff, v. JIM'S MOTORCYCLE, INC., d/b/a Atlas Honda/Yamaha, and Demerst B. Smit, in his Official Capacity as the Commissioner of the Department of Motor Vehicles, Defendants.

United States District Court, E.D. Virginia. Richmond Division.

August 9, 2005.

Attorney(s) appearing for the Case

Robert Michael Tyler, John William Boland, Laura Rosenstein White, McGuireWoods LLP, Richmond, VA, David Paul Murray, Wilkie Farr & Gallagher, Washington, DC, Thomas Edward Spahn, McGuireWoods LLP, McLean, VA, for Plaintiff.

Walter A. Marston, Jr., Reed Smith LLP, Jeffrey A. Spencer, Office of the Attorney General, Richmond, VA, George Everitt Kostel, Reed Smith LLP, Falls Church, VA, for Defendants.

MEMORANDUM OPINION

PAYNE, District Judge.

Yamaha Motor Corporation, U.S.A. ("Yamaha") is a California corporation that distributes motorcycles and related parts and accessories throughout the United States. Yamaha has approximately 1,200 authorized motorcycle dealers nationwide, twenty-six of which are located in the Commonwealth of Virginia. Defendant, Demerst B. Smit,1 is the Commissioner of the Virginia Department of Motor...

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