CONSUMERS UNION OF U.S., INC. v. F.T.C.

No. 85-1032.

801 F.2d 417 (1986)

CONSUMERS UNION OF U.S., INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent, National Automobile Dealers Association, National Independent Automobile Dealers Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 2, 1986.


Attorney(s) appearing for the Case

Michelle Meier, with whom Linda Lipsen, was on brief, for petitioner.

Lawrence DeMille-Wagman, Atty., F.T.C., with whom John H. Carley, Gen. Counsel and Ernest J. Isenstadt, Asst. Gen. Counsel, F.T.C., Washington, D.C., were on brief for respondent. Melvin H. Orlans, Atty., F.T.C., Washington, D.C., entered an appearance for respondent.

Glenn A. Mitchell, with whom David U. Fierst, Washington, D.C., Frank E. McCarthy and Robert J. Wade, McLean, Va., were on brief, for intervenor Nat. Auto. Dealers Assn.

Richard J. Leighton, Richard F. Mann and Buchanan Ingersoll, Washington, D.C., were on brief for intervenor Nat. Independent Auto. Dealers Assn.

Before WALD, Chief Judge, and SCALIA and STARR, Circuit Judges.


Opinion of the Court filed by Circuit Judge SCALIA.

Concurring opinion filed by Chief Judge WALD.

SCALIA, Circuit Judge:

Petitioner, Consumers Union of U.S., Inc., challenges the Federal Trade Commission's "Used Car Rule," a Trade Regulation Rule governing the sale of used motor vehicles. See 16 C.F.R. Part 455 (1986). Petitioner objects to the Commission's decision to omit from the final rule the so-called "known-defects provision," which would...

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