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ORCA BAY SEAFOODS v. NORTHWEST TRUCK SALES, INC.

No. 93-35285.

32 F.3d 433 (1994)

ORCA BAY SEAFOODS, Plaintiff-Appellant, v. NORTHWEST TRUCK SALES, INC.; Kamco, Inc., an Oklahoma Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 15, 1994.

Attorney(s) appearing for the Case

Karien L. Balluff, Young, deNormandie & Oscarsson, Seattle, WA, for plaintiff-appellant.

Gregory S. Wright, Hawkins, Jeppesen, Hoff, Bellevue, WA, for defendants-appellees.

Before: POOLE, BRUNETTI and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

Congress passed a law requiring true odometer disclosures on transfers of vehicles. The Secretary of Transportation wrote a regulation exempting large trucks. We hold that the regulation is invalid.

FACTS

Orca Bay Seafoods bought a truck in which the odometer showed much less than the true mileage, so it sued the used truck dealer from which it bought the truck, Northwest Truck Sales, and the truck's previous owner, Kamco...

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