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SUITS v. LITTLE MOTOR CO.

No. 79-3488.

642 F.2d 883 (1981)

Brenda Lee SUITS, Plaintiff-Appellant, v. LITTLE MOTOR COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

April 17, 1981.

Attorney(s) appearing for the Case

Bowen, Derrickson, Bowen, Derrickson, Goldberg & West, Ralph Goldberg, Atlanta, Ga., for plaintiff-appellant.

Cobb & Bell, L. Paul Cobb, Jr., Atlanta, Ga., for defendant-appellee.

Before TUTTLE, TJOFLAT and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

The question posed here is whether, under the Motor Vehicle Information and Cost Savings Act [the Act],1 the sale of a car by a transferor who knows that the odometer has "turned over," i. e., recorded 99,999 miles and returned to 0, and fails to so indicate, manifests an intent to defraud. We hold that it does and that the transferor is therefore liable under the Act.

Appellant Brenda Lee Suits bought...

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