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YAMAHA MOTOR CORP. v. JIM'S MOTORCYCLE

No. 03-2070.

401 F.3d 560 (2005)

YAMAHA MOTOR CORPORATION, U.S.A., Plaintiff-Appellant, v. JIM'S MOTORCYCLE, INCORPORATED, d/b/a Atlas Honda/Yamaha; Demerst B. Smit, in his official capacity as the Commissioner of the Department of Motor Vehicles, Defendants-Appellees. Harley-Davidson Motor Company, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 18, 2005.

Attorney(s) appearing for the Case

ARGUED: David Paul Murray, Willkie, Farr & Gallagher, Washington, D.C., for Appellant. Maureen Riley Matsen, Deputy State Solicitor, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Robert M. Tyler, McGuirewoods, L.L.P., Richmond, Virginia, for Appellant. Jerry W. Kilgore, Attorney General of Virginia, William H. Hurd, State Solicitor, William E. Thro, Deputy State Solicitor, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee Smit; Walter A. Marston, Reed Smith, L.L.P., Richmond, Virginia; George E. Kostel, Reed Smith, L.L.P., Falls Church, Virginia; James J. Briody, Sutherland, Asbill & Brennan, L.L.P., Washington, D.C., for Appellee Jim's Motorcycle, Inc.; Nicholas T. Christakos, James J. Briody, Sutherland, Asbill & Brennan, L.L.P., Washington, D.C., for Amicus Curiae.

Before LUTTIG and MICHAEL, Circuit Judges, and Bobby R. BALDOCK, Senior Circuit Judge of the United States Court of Appeals for the Tenth Circuit, sitting by designation.

Reversed and remanded by published opinion. Judge Michael wrote the opinion, in which Judge Luttig and Senior Judge Baldock joined.

MICHAEL, Circuit Judge:

This case involves a dormant Commerce Clause challenge to a unique provision in Virginia's motorcycle dealer franchise law. The provision allows any existing franchised dealer in Virginia to protest the establishment of a new dealership for the same brand anywhere in the Commonwealth. The district court...

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