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RIGHTMEYER v. VON LENGERKE BUICK CO.

No. 11283.

212 F.2d 622 (1954)

RIGHTMEYER v. VON LENGERKE BUICK CO.

United States Court of Appeals, Third Circuit.

Decided May 18, 1954.

Attorney(s) appearing for the Case

Albert S. Gross, Hackensack, N. J., Walter J. Hunziker, Paterson, N. J., of counsel (Hunziker & Hunziker, Paterson, N. J., on the brief), for appellant.

Julius L. Malkin, Hackensack, N. J., (Malkin & Malkin, Hackensack, N. J., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

PER CURIAM.

This case involves an alleged overcharge on the sale of a Buick automobile by defendant to plaintiff. Prior to this sale, the automobile had been driven more than 3,000 miles by an executive of General Motors Corporation, Buick Motor Division. The defendant sold the car as if new, less discount for its previous service. The district court held that the vehicle was a "used automobile" within the OPS regulations in effect at the

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