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Rochester Lincoln-Mercury, Inc. v. Ford Motor Co.

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Steven J. McAuliffe, U.S. District Judge]

The question on this appeal is whether a New Hampshire statute, regulating, inter alia, business practices as between motor vehicle manufacturers and dealers, should be read to protect an existing franchisee alleging that the car maker unfairly denied it an additional franchise. The district court denied relief based on state precedent, Roberts v. Gen. Motors. Corp., 643 A.2d 956 (N.H. 1994). We affirm.

Since 1974, Edward Casaccio has owned and operated Rochester Lincoln-Mercury, Inc. (“Rochester”), a dealership in Rochester, New Hampshire, with a franchise from Ford Motor Company (“Ford”) to sell and service Lincoln and Mercury cars. In August 1995, Casaccio applied for a franchise to sell Fords in Rochester as “Rochester Ford.” The incumbent franchisee had died and Casaccio had contracted with the heirs to purchase the Ford business, conditional on Ford’s approval of Casaccio’s application.

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