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DUVAL v. MIDWEST AUTO CITY, INC.

No. 77-1910.

578 F.2d 721 (1978)

Kenneth L. DUVAL, and Cheryl Duval, on behalf of themselves and all other Nebraska residents similarly situated, Jerry K. Mason and Linda L. Mason, Appellees, v. MIDWEST AUTO CITY, INC., a corporation, Appellant, Dave Studna, Individually, Dave Studna d/b/a E & J Motor Sales, American Truck Sales, Global Tank Trailer Sales, and D. Studna Auto Sales, Ervin Delp, Individually, Appellant, Midwest Auto City, Inc., and Ervin Delp d/b/a Tecumseh Motors and Bernard Flaherty.

United States Court of Appeals, Eighth Circuit.

Decided June 12, 1978.

Attorney(s) appearing for the Case

Herbert J. Friedman, Lincoln, Neb., on briefs for appellant.

Alan L. Plessman, Lincoln, Neb., on brief for appellees.

Before BRIGHT and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.

ROSS, Circuit Judge.

Midwest Auto City, Inc. (Midwest) sells automobiles in Lincoln, Nebraska. In 1975 Midwest sold to each of the plaintiffs, the Duvals and the Masons, a used car which had had its odometer rolled back to give the impression that the car was a low-mileage vehicle when in fact its true mileage was much higher. Alleging that they had been victimized by conduct made unlawful under Title IV of the Motor Vehicle...

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