Action for damages; other remedies; defense

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44-1567. Action for damages; other remedies; defense

A. Any wholesaler may bring an action against a supplier or a supplier may bring an action against a wholesaler for violation of section 44-1566 in any court of competent jurisdiction and may recover damages sustained. In such action the prevailing party shall receive reasonable attorney fees.

B. The remedies provided in this section are independent of and supplemental to any other remedy or remedies available to the wholesaler or supplier in law or equity.

C. In any action pursuant to this section for termination, cancellation or failure to renew a franchise in violation of section 44-1566, it shall be a complete defense to prove that the termination, cancellation or failure to renew was done in good faith and for good cause.

D. A person violating section 44-1566 shall not be subject to criminal prosecution as provided in section 4-246 for such violation.


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