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GENERAL MOTORS CORP. v. ABRAMS

No. 127, Docket 89-7338.

897 F.2d 34 (1990)

GENERAL MOTORS CORPORATION, Plaintiff-Appellee, v. Robert ABRAMS, Attorney General of the State of New York, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 15, 1990.

Attorney(s) appearing for the Case

Richard J. Davis, New York City (Weil Gotshal & Manges, New York City, Craig M.J. Allely, Gen. Motors Corp., Francis H. Dunne, of counsel), for plaintiff-appellee.

Ronna D. Brown, Asst. Atty. Gen. for Atty. Gen. of State of N.Y., New York City, N.Y. (Robert Abrams, Atty. Gen. of State of N.Y., Bureau of Consumer Frauds and Protection, John W. Corwin, Asst. Atty. Gen. In Charge, Mary Hilgeman, Jane Azia, Asst. Attys. Gen., Bureau of Appeals and Opinions, Harvey M. Berman, Asst. Atty. Gen., of counsel), for defendant-appellant.

John K. Van De Kamp, Atty. Gen. of State of Cal., San Diego, Cal., Andrea Sheridan Ordin, Chief Asst. Atty. Gen., Herschel T. Elkins, Sanford N. Gruskin, Sr. Asst. Attys. Gen., Albert Norman Shelden, Lawrence Tapper, Deputy Attys. Gen., for amicus curiae, State of Cal.

Before KAUFMAN, WINTER, Circuit Judges, and MOTLEY, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

As an independent federal administrative agency charged with preventing "unfair methods of competition" and "unfair or deceptive acts or practices," the Federal Trade Commission ("FTC" or "Commission") historically has operated in areas of dual state-federal regulation. Consumer warranty law is one example. While the protection of consumers from unfair practices is a traditional state police power function, federal laws and administrative...

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