WITKOWSKI v. MACK TRUCKS, INC.

No. 82-5151.

712 F.2d 1352 (1983)

Kurt WITKOWSKI and Vito Lanzone, Plaintiffs-Appellants, v. MACK TRUCKS, INC., a Pennsylvania corporation and Norman Schwartz, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 22, 1983.


Attorney(s) appearing for the Case

Sommerfield & Auth, Steven L. Sommerfield, Venice, Fla., for plaintiffs-appellants.

Shackleford, Farrior, Stallings & Evans, Mark P. Buell, Charles P. Schropp, Tampa, Fla., for defendants-appellees.

Before GODBOLD, Chief Judge, and RONEY, Circuit Judge, and PITTMAN, District Judge.


RONEY, Circuit Judge:

Plaintiffs purchased from the defendants a truck-tractor which hauls over-the-road trailers. They brought a three-count action alleging an odometer violation of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C.A. §§ 1981 et seq., a breach of express and implied warranties, and willful fraud for failure to disclose at the time of purchase that the vehicle had been driven in excess of 92,000 miles while each of the...

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