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MAYBERRY v. VOLKSWAGEN OF AMERICA, INC.

No. 03-1621.

271 Wis.2d 258 (2004)

2004 WI App 64

678 N.W.2d 357

Jessica MAYBERRY, Plaintiff-Appellant, v. VOLKSWAGEN OF AMERICA, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 24, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Gregory H. Moss and Krohn & Moss, Ltd. of Chicago, IL.

On behalf of the defendant-respondent, the cause was submitted on the brief of Bruce D. Huibregtse, Drew J. Cochrane and Stafford Rosenbaum LLP of Madison.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

Jessica Mayberry appeals a summary judgment dismissing her Magnuson-Moss Warranty Act claim, 15 U.S.C. §§ 2301-2312 (1975), against Volkswagen of America, Inc. The circuit court concluded that because Mayberry traded in her allegedly defective automobile for more than its fair market value, she suffered no damages and therefore could not sustain...

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