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Berry Brothers Buick Inc. v. General Motors Corp.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: May 29, 1967.

BERRY BROTHERS BUICK, INC.
v.
GENERAL MOTORS CORPORATION (BUICK MOTOR DIVISION)

Staley, Chief Judge, and Kalodner and Smith, Circuit Judges.

Author: Per Curiam

On review of the record we are of the opinion that the District Court did not err in granting summary judgment in favor of the defendant, General Motors Corporation (Buick Motor Division),*fn1 in this action by Berry Brothers Buick, Inc., under the so-called Automobile Dealers' Day in Court Act,*fn2 which was premised on the plaintiff's contention that the defendant did not act in "good faith", as that term is defined in the statute, in failing to renew its sales agency franchise at the expiration of its term. See Globe Motors, Inc. v. Studebaker-Packard Corporation, 328 F.2d 645 (3 Cir. 1964); Garvin v. American Motor Sales Corporation, 318 F.2d 518 (3 Cir. 1963).

The Order of the District Court will be affirmed.


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