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KIA MOTORS AMERICA v. GLASSMAN OLDSMOBILE SAAB

No. 12-1202.

706 F.3d 733 (2013)

KIA MOTORS AMERICA, INC., Plaintiff-Appellee, v. GLASSMAN OLDSMOBILE SAAB HYUNDAI, INC., dba Glassman Kia, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 7, 2013.

Attorney(s) appearing for the Case

ARGUED: Lawrence F. Raniszeski , Colombo & Colombo, P.C., Bloomfield Hills, Michigan, for Appellant. Catherine E. Stetson , Hogan Lovells US LLP, Washington, D.C., for Appellee. ON BRIEF: Lawrence F. Raniszeski , Colombo & Colombo, P.C., Bloomfield Hills, Michigan, for Appellant. Catherine E. Stetson , David M. Ginn , Hogan Lovells US LLP, Washington, D.C., Jonathan T. Walton, Jr. , Walton & Donnelly, P.C., Detroit, Michigan, for Appellee.

Before SILER, SUTTON, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

The goal of every car manufacturer is to sell as many cars as possible. To accomplish this goal they need dealers, which must invest substantial resources to build attractive facilities and advertise the latest models. Superficially, dealers share the manufacturer's goal of selling as many cars as possible. But their mutual objectives may diverge if the manufacturer seeks to increase sales by appointing new dealers, whose...

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