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LEACH v. BISHOP BROTHERS AUTO AUCTION, INC.

No. 78-1773.

624 F.2d 34 (1980)

Jerry Cecil LEACH, Plaintiff-Appellant, v. BISHOP BROTHERS AUTO AUCTION, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 1980.

Attorney(s) appearing for the Case

Gale W. Mull, Thomas E. Maddox, Jr., Atlanta, Ga., for plaintiff-appellant.

Noah J. Stone, Atlanta, Ga., for Bishop Bros. Auto Auction, Inc.

Before GOLDBERG, CHARLES CLARK and THOMAS A. CLARK, Circuit Judges:

THOMAS A. CLARK, Circuit Judge:

The district court granted summary judgment for the defendant-appellee, Bishop Brothers Auto Auction, Inc., holding that "[t]he mileage was unknown to the defendant and, under the semantic double speak of 15 U.S.C. § 1988, Bishop Brothers could not disclose the mileage as `unknown.'" Believing that Congress did not intend for an automobile seller to misrepresent the mileage to a buyer if the seller knew, or had reason to know...

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