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WILDERNESS INDUSTRIES MARYLAND v. COMMONWEALTH PENNSYLVANIA (03/30/81)

decided: March 30, 1981.

WILDERNESS INDUSTRIES OF MARYLAND, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF MOTOR VEHICLE MANUFACTURERS, DEALERS AND SALESMEN AND DEAN FOUNTAIN CAMPER SALES, RESPONDENTS



Appeal from the Order of the State Board of Motor Vehicle Manufacturers, Dealers and Salesmen in case of Dean Fountain Camper Sales v. Wilderness Industries of Maryland, No. 78-MV-21.

COUNSEL

David R. Bahl, McCormick, Reeder, Nicholas, Sarno, Bahl & Knecht, for petitioner.

Marjorree Aderson, Assistant Attorney General, with her James J. Kutz, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent, State Board of Motor Vehicle Manufacturers, Dealers and Salesmen.

Clarence D. Bell, Jr., for respondent, Dean Fountain Camper Sales.

Judges Rogers, Craig and Palladino, sitting as a panel of three. Opinion by Judge Palladino. This decision was reached prior to the expiration of the term of office of Judge Wilkinson, Jr.

Author: Palladino

[ 58 Pa. Commw. Page 128]

This is an appeal from an order of the State Board of Motor Vehicle Manufacturers, Dealers and Salesmen (Board) dated February 27, 1980, which suspended the

[ 58 Pa. Commw. Page 129]

    motor vehicle manufacturer's license of Wilderness Industries of Maryland, Inc. (petitioner). The basis for the suspension was a conclusion by the Board that petitioner had violated Section 4(2)(xi) of the Motor Vehicle Manufacturer's, Dealer's and Salesmen's License Act (Act), Act of December 21, 1973, P.L. 412, 63 P.S. § 805(2)(xi), reenacting and amending Section 5 of the Motor Vehicle Salesmen's License Act, Act of September 9, 1965, P.L. 499, as amended, 63 P.S. § 805, which requires 60 days advance notice by a motor vehicle manufacturer of the intention to cancel the franchise of any motor vehicle dealer.*fn1 We affirm.

The initial proceeding was brought before the Board on the complaint of Dean Fountain Camper Sales (Dean Fountain), which objected to the cancellation of its dealership franchise by petitioner.

The Board, inter alia, made the following findings of fact:

6. On or about August 1, 1974, [petitioner] and [Dean Fountain] agreed to designate [Dean ...


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