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SIMS BUICK-GMC TRUCK, INC. v. GENERAL MOTORS LLC

No. 16-3871.

876 F.3d 182 (2017)

SIMS BUICK-GMC TRUCK, INC., Plaintiff-Appellant, v. GENERAL MOTORS LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 20, 2017.

Rehearing Denied November 30, 2017.

Attorney(s) appearing for the Case

ARGUED: Christopher M. DeVito , MORGANSTERN, MACADAMS & DEVITO CO., L.P.A., Cleveland, Ohio, for Appellant. J. Todd Kennard , JONES DAY, Columbus, Ohio, for Appellee. ON BRIEF: Christopher M. DeVito , MORGANSTERN, MACADAMS & DEVITO CO., L.P.A., Cleveland, Ohio, for Appellant. J. Todd Kennard , JONES DAY, Columbus, Ohio, for Appellee. John C. Camillus , STOCKAMP & BROWN, LLC, Dublin, Ohio, for Amicus Curiae.

SUTTON, J., delivered the opinion of the court in which CLAY, J., joined. ROGERS, J. (pp. 190-91), delivered a separate dissenting opinion.

OPINION

General Motors provides sales incentives to dealers who sell cars to GM employees, retirees, and their family members at a discounted rate. As part of the process, the dealer must collect a signed agreement from the purchaser that establishes his eligibility for the program. In 2014, General Motors audited...

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