MOTOR VEHICLE MFRS. ASS'N OF U.S., INC. v. ABRAMS

NO. 86 CIV 9592 (LBS).

697 F.Supp. 726 (1988)

MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED STATES, INC. and Automobile Importers of America, Inc., Plaintiffs, v. Robert ABRAMS, Attorney General of the State of New York, Defendant.

United States District Court, S.D. New York.

As Amended October 28, 1988.


Attorney(s) appearing for the Case

Hughes Hubbard & Reed, New York City and Philip A. Lacovara, William R. Stein, Edward J. Rubenstein, Washington, D.C., for plaintiffs.

William H. Crabtree, Detroit, Mich., for Motor Vehicle Mfrs. Ass'n of the U.S., Inc.

Charles H. Lockwood, II, Detroit, Mich., John T. Whatley, for Auto. Importers of America, Inc.

Robert Abrams, Atty. Gen. of State of N.Y., New York City, John W. Corwin, Jane M. Azia, Sara Nathan, Mary Hilgeman, Asst. Attys. Gen., for defendant.


OPINION

SAND, District Judge.

STATEMENT OF FACTS

The Motor Vehicles Manufacturers Association and the Automobile Importers of America here challenge several provisions of the New York State "Lemon Law", N.Y. General Business Law ("G.B.L.") § 198-a (McKinney 1988), alleging that under the Supremacy Clause they are pre-empted by the Magnuson-Moss Warranty — Federal Trade Commission Improvement Act, §§ 101 et seq., codified...

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