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PRIORITY AUTO GROUP, INC. v. FORD MOTOR CO.

No. 13-1696.

757 F.3d 137 (2014)

PRIORITY AUTO GROUP, INC., Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 26, 2014.

Amended: July 30, 2014.

Attorney(s) appearing for the Case

ARGUED: Brad D. Weiss , Charapp & Weiss, LLP, McLean, Virginia, for Appellant. Dominic Francis Perella , Hogan Lovells U.S. LLP, Washington, D.C., for Appellee. ON BRIEF: Michael G. Charapp , Charapp & Weiss, LLP, McLean, Virginia, for Appellant. Kurt D. Williams , Berkowitz Oliver Williams Shaw & Eisenbrandt LLP, Kansas City, Missouri; Christopher T. Handman , Sean Marotta , Hogan Lovells U.S. LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge GREGORY and Judge KEENAN joined.

AGEE, Circuit Judge:

In this case, the prospective buyer of a car dealership sued a manufacturer-franchisor who exercised its right of first refusal under the franchise agreement, thereby preventing the prospective buyer from purchasing the dealership. The prospective buyer, Priority Auto Group, Inc. ("Priority Auto"), alleged that Ford Motor Company ("Ford") imposed an unlawful condition on the sale of the dealership, in violation of Virginia Code § 46.2-1569...

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