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SMYSER v. WESTERN STAR TRUCKS CORP.

No. 00-2482.

247 Wis.2d 281 (2001)

2001 WI App 180

634 N.W.2d 134

Charles H. SMYSER and Smyser and Associates, Inc., Plaintiffs-Appellants, v. WESTERN STAR TRUCKS CORP., Western Star Trucks Sales, Inc. and Racine Truck & Equipment Corp., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 18, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Gary W. Thompson of Thompson Law Offices, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Winthrop B. Reed, III of Lewis, Rice & Fingersh, L.C. of St. Louis, Missouri, and Michael J. Jassak of Habush, Habush, Davis & Rottier, S.C. of Racine.

Before Nettesheim, Anderson and Snyder, JJ.

¶ 1. NETTESHEIM, J.

The issues on appeal are whether a consumer may invoke the Lemon Law or revoke acceptance of a motor vehicle under the Uniform Commercial Code (UCC) after the consumer has surrendered possession and title of the vehicle to the dealer and the vehicle has been sold to a third party. Like the trial court, we hold that the remedies of the Lemon Law and the UCC are not available in such a situation. Consequently, we affirm the summary judgment...

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