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[Download] "General Aviation Inc. v. Cessna Aircraft Co." by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free

General Aviation Inc. v. Cessna Aircraft Co.

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eBook details

  • Title: General Aviation Inc. v. Cessna Aircraft Co.
  • Author : United States Court Of Appeals For The Sixth Circuit
  • Release Date : January 21, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

MERRITT, Chief Judge. This diversity action has been before this Court in the past. Plaintiff General Aviation ("GA") brought suit against defendant Cessna Aircraft Company for breach of contract and related claims, as well as for violations of the Michigan Franchise Act. Mich. Comp. Laws Γ‚§ 445.1527, Mich. Stat. Ann. Γ‚§ 19.854(27). The district court originally granted summary judgment for Cessna on all claims. General Aviation, Inc. v. Cessna Aircraft Co., 703 F. Supp. 637 (W.D. Mich. 1988). We affirmed that judgment as to the contract claims and remanded the other issues to the district court for further proceedings in an opinion describing in detail the previous relationship of the parties. General Aviation, Inc. v. Cessna Aircraft Co., 915 F.2d 1038 (6th Cir. 1990). The parties settled one of the remanded claims and the district court dismissed the others. GA again appeals these dismissals. The primary issue on this appeal is whether Γ‚§ 27(e), the Acts non-discrimination provision, requires Cessna to have a legitimate reason for refusing to renew GAs franchise agreement while renewing contracts with other, similarly situated franchisees, or whether Cessna may lawfully refuse to renew its franchise agreements at will as long as it offers the same terms to those franchisees it does renew. We hold that the language of the Act requires a legitimate, nondiscriminatory reason for nonrewal.


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