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SPEEDWAY INTERN. TRUCKS v. ROSSELLE

No. 49A02-9303-CV-120.

627 N.E.2d 1334 (1994)

SPEEDWAY INTERNATIONAL TRUCKS, Inc., Appellant-Defendant, v. Tony ROSSELLE and Gladys Rosselle, d/b/a T & G Truck Service, Appellees-Plaintiffs, and Navistar Financial Corporation, Appellee-Intervenor Plaintiff.

Court of Appeals of Indiana, Second District.

January 28, 1994.

Attorney(s) appearing for the Case

Patricia Polis McCrory, Douglas A. Tresslar, Harrison & Moberly, Indianapolis, for appellant.

Richard A. Clem, Alden & Clem, Indianapolis, for appellees.

SHIELDS, Judge.

The sole issue before us is the validity of 49 C.F.R. § 580.6(a)(1) (1992), a regulation adopted by the National Highway Traffic Safety Administration (NHTSA).

FACTS

Tony and Gladys Rosselle purchased a used semi-tractor, weighing in excess of 16,000 pounds, from Speedway in March of 1989. Subsequent to the purchase, the Rosselles experienced problems with the tractor which resulted in this suit against Speedway. In Counts...

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