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D & B AUTO SALES v. COMMONWEALTH

No. 1156 C.D. 1976.

29 Pa.Commw. 113 (1977)

D & B Auto Sales v. Commonwealth of Pennsylvania, Department of State, State Board of Motor Vehicle Manufacturers, Dealers and Salesmen. D & B Auto Sales, Appellant.

Commonwealth Court of Pennsylvania.

March 4, 1977.

Attorney(s) appearing for the Case

Gordon F. Harrington, with him Greenlee, Richman, Derrico & Posa; James B. Yelovich; and Kimmel, Rascona, Yelovich & Bowman, for appellant.

William J. Wheeler, Jr., Assistant Attorney General, with him Robert P. Kane, Attorney General, for appellee.

Samuel M. Rosenzweig, for amicus curiae, Pennsylvania Independent Automobile Dealers Association (PIADA).

Argued February 4, 1977, before Judges KRAMER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE ROGERS, March 4, 1977:

The appellant partnership, D & B Auto Sales (D & B), a used car dealer, has been engaged in buying new automobiles from new car dealers for sale to the public. The vehicles acquired by D & B from the new car dealers have not been previously titled — that is, registered in the name of any owner in Pennsylvania or any other state. They have been registered in D & B's name when purchased by it. D & B...

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