MONTAGUE v. HEATER

Nos. 86-2585, 86-2602.

836 F.2d 422 (1988)

Sandra L. MONTAGUE, Appellee, v. Joy M. HEATER and Ted Heater, d/b/a Specialized Auto Sales, Appellants, Oren Henry. Sandra L. MONTAGUE, Appellee, v. Joy M. HEATER and Ted Heater, d/b/a Specialized Auto Sales, Oren Henry, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 4, 1988.


Attorney(s) appearing for the Case

Robert G. Duncan, Kansas City, Mo., for appellants.

Dale K. Irwin, Kansas City, Mo., for appellee.

Before FAGG, Circuit Judge, BRIGHT and ROSS, Senior Circuit Judges.


BRIGHT, Senior Circuit Judge.

This case arises from defendants' Joy Heater, Ted Heater and Oren Henry sale to plaintiff Sandra Montague of a 1973 Oldsmobile Cutlass. The car had been driven 168,188 miles, but its odometer read only 68,188 miles. Mrs. Montague filed a three-count complaint alleging common law fraud and misrepresentation, violations of the federal odometer statute, 15 U.S.C. § 1988 (1982 & Supp. IV 1986), and the Missouri state odometer statute...

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