Cemar, Inc. v. Nissan Motor Corp. in U.S.A., 89-3582
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Citation | 897 F.2d 120 |
| Docket Number | No. 89-3582,89-3582 |
| Parties | CEMAR, INC., t/a Rising Sun Motors v. NISSAN MOTOR CORPORATION IN U.S.A. Appeal of CEMAR INC. . Submitted Under Third Circuit Rule 12(6) |
| Decision Date | 01 February 1990 |
Page 120
v.
NISSAN MOTOR CORPORATION IN U.S.A.
Appeal of CEMAR INC.
Third Circuit.
Submitted Under Third Circuit Rule 12(6)
Decided Feb. 27, 1990.
Page 121
Franklin T. Caudill, Semmes, Bowen & Semmes, Baltimore, Md., for appellant.
Reed E. Hundt, Eric A. Stern, Carol Ann Siciliano, Stefanie Boinski, Washington, D.C., for appellee.
Before STAPLETON and MANSMANN, Circuit Judges, and ACKERMAN, District Judge. *
MANSMANN, Circuit Judge.
In this appeal from an entry of summary judgment against an automobile dealer in his suit for breach of contract, violation of the Sherman Act, and negligent misrepresentation brought against his automobile dealership franchiser, we are faced with a question of whether the district court's certification for appeal pursuant to Federal Rule of Civil Procedure 54(b) satisfies the requirements of Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 100 S.Ct. 1460, 64 L.Ed.2d 1 (1980) and Allis-Chalmers Corp. v. Philadelphia Electrical Co., 521 F.2d 360 (3d Cir.1975). Since we conclude that the district court failed to sufficiently explain its reasons for Rule 54(b) certification, we will dismiss the appeal, vacate the judgment entered July 19, 1989 as final pursuant to Rule 54(b) and remand the case to the district court for further proceedings.
I.
Cemar, Inc., a Delaware Corporation, was founded by its president William T. Murray in 1973. Mr. Murray had been a automobile salesman for a number of years when he received financial backing from a previous employer in order to open a Nissan dealership in Rising Sun, Maryland. By 1976, Murray realized the market in Rising Sun, a small rural community, was too small to support a Nissan dealership. He attempted several times to have the dealership relocated, but Nissan denied his requests.
After 1980, the financial situation at Murray's dealership began to worsen due to high interest rates and the general nationwide recession. By 1982, Murray intensified his efforts to obtain a new location when he learned that the road leading to his dealership was to be closed in order for repairs to be made to the bridge. Sometime around May, 1982, three Nissan representatives visited Murray and informed him that Nissan would approve his move from Rising Sun to Perrysville, Maryland. Although Murray still felt he could have a better location, he was pleased to be leaving the Rising Sun location.
One of the aspects of the Nissan dealership at Rising Sun which Murray wanted to carry over to the Perrysville dealership was the perpetual nature of the contract rather than have an agreement for a specific number of years. 1 The district sales manager arranged for Cemar, Inc. to take a five year lease on the Perrysville dealership, with a minimum of two five year options. On July 1, 1982, Murray sent a form commitment letter to Nissan with respect to the Perrysville location and, by way of a second form, terminated the existing agreement between Cemar, Inc. and Nissan. Murray alleges that when he questioned the second form, the district sales manager dismissed it as a mere procedure. In addition, Murray was given a two year term agreement which he was required to sign in blank. When Murray received the form from Nissan, the time period had been unilaterally changed to one year. Murray finally opened the Perrysville dealership in late August or early September, 1982.
As part of the agreement between Nissan and...
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