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GENERAL MOTORS CORP. v. DARLING'S

Nos. 04-2281, 04-2282.

444 F.3d 98 (2006)

GENERAL MOTORS CORPORATION, Plaintiff, Appellant/Cross-Appellee, v. DARLING'S, d/b/a Darling's Auto Mall, Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided April 14, 2006.

Attorney(s) appearing for the Case

James C. McGrath, with whom Daniel L. Goldberg, Bingham McCutchen LLP, Frederick J. Badger, Jr., Richardson, Whitman, Large & Badger, Lawrence S. Buonomo and General Motors Corporation, were on brief for appellant.

Judy A.S. Metcalf, with whom Laura Lee Klein and Eaton Peabody were on brief, for appellee.

Bruce C. Gerrity, Jeanne B. McHale and Preti, Flaherty, Beliveau, Pachios & Haley, LLC, on brief for amicus curiae Maine Auto Dealers Association, Inc.

Before BOUDIN, Chief Judge, Cyr, Senior Circuit Judge, and Howard, Circuit Judge.

HOWARD, Circuit Judge.

These cross-appeals are the latest episode in a thirty-year conflict between national motor vehicle manufacturers and their Maine-based dealers concerning the manufacturers' obligation to reimburse the dealers for repairs made to vehicles under warranty. See Alliance of Auto. Mfrs. v. Gwadosky, 304 F.Supp.2d 104, 106 (D.Me. 2004) (summarizing this "long, complex, and litigious history"). General...

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