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HUYCKE v. GREENWAY

No. 88-8503. Non-Argument Calendar.

876 F.2d 94 (1989)

Robert A. HUYCKE, Plaintiff-Appellant, v. Jack W. GREENWAY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 27, 1989.

Attorney(s) appearing for the Case

Graydon W. Florence, Atlanta, Ga., for plaintiff-appellant.

Paula K. Smith, Georgia Dept. of Law, Edward T. Murray, Atlanta, Ga., for defendant-appellee.

Before JOHNSON, ANDERSON and CLARK, Circuit Judges.

PER CURIAM:

The issue in this Odometer Act case is whether the defendant had the requisite "intent to defraud" required under the Act's liability provisions. The defendant, who is not a car dealer, sold the plaintiff the van whose mileage is now contested.

I. Background

On July 30, 1985, Jack W. Greenway (Greenway) purchased a used van from O.E. Cogburn (Cogburn).1 Cogburn executed an assignment and warranty of...

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