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CHRYSLER CORPORATION v. TOFANY

Nos. 13 and 73, Dockets 33497 and 33509.

419 F.2d 499 (1969)

CHRYSLER CORPORATION and Chrysler Motors Corporation, Plaintiffs-Appellees, v. Vincent L. TOFANY and William E. Kirwan, Defendants-Appellants. CHRYSLER CORPORATION and Chrysler Motors Corporation, Plaintiffs-Appellees, v. James E. MALLOY and Raymond E. Grout, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided November 7, 1969.

Attorney(s) appearing for the Case

Robert L. Ackerly, Washington, D. C. (W. Stanfield Johnson, Sellers, Conner & Cuneo, Washington, D. C., Francis S. Bensel, Robert M. Davidson, Kelley, Drye, Newhall, Maginnes & Warren, New York, N. Y., on the brief), for plaintiffs-appellees Chrysler Corporation and Chrysler Motors Corporation.

Jeremiah Jochnowitz, Albany, N. Y. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Ruth Kessler Toch, Sol. Gen., on the brief), for defendants-appellants, Vincent L. Tofany and William E. Kirwan.

Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Morton Hollander, Atty., Washington, D. C., on the brief), for the United States as amicus curiae.

William T. Keefe, Burlington, Vt., for the State of Vermont.

John H. Pickering, William R. Perlik, Timothy B. Dyk, Michael R. Klein, Washington, D. C.; Allen F. Maulsby, Cravath, Swaine & Moore, New York City, on the brief, for Automobile Manufacturers Association, Inc., as amicus curiae.

Before LUMBARD, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge.

These consolidated appeals by public officials of the states of Vermont and New York arise from declaratory judgments and accompanying orders in favor of Chrysler Corporation and Chrysler Motors Corporation ("Chrysler") entered by the United States District Courts for the District of Vermont and the Northern District of New York. Both district courts held that state regulation of Super Lite, an extra headlamp offered as an optional accessory...

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