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AMERICAN MOTORS SALES CORP. v. DIV. OF MOTOR VEHICLES OF COMMONWEALTH OF VIRGINIA

Civ. A. No. 76-0513-R.

445 F.Supp. 902 (1978)

AMERICAN MOTORS SALES CORPORATION et al., Plaintiffs, v. DIVISION OF MOTOR VEHICLES OF the COMMONWEALTH OF VIRGINIA et al., Defendants.

United States District Court, E. D. Virginia, Richmond Division.

February 13, 1978.

Attorney(s) appearing for the Case

John F. Kay, Jr., Lewis T. Stoneburner, Mays, Valentine, Davenport & Moore, Richmond, Va., for plaintiffs.

John Hardin Young, Ronald W. Fahy, Asst. Atty. Gen. of Va., James E. Farnham, David F. Peters, Jack E. McClard, Richmond, Va., for defendants.

MEMORANDUM

MERHIGE, District Judge.

Plaintiffs, American Motor Sales Corporation (American) and Early AMC, Inc. (Early), bring this action challenging the constitutionality of § 46.1-547(d) of the Code of Virginia and seeking declaratory and injunctive relief. Defendants are the Division of Motor Vehicles of the State of Virginia (DMV) and Vern L. Hill, Commissioner of the DMV (the Commissioner). P. D. Waugh & Co. (Waugh) and the Virginia Automobile...

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