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BODINE v. GRACO, INC.

No. 06-16271.

533 F.3d 1145 (2008)

Mayble C. BODINE, Plaintiff-Appellant, v. GRACO, INC.; Dan Marshall; Jane Doe Marshall, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2008.

Attorney(s) appearing for the Case

Richard J. Rubin (briefed and presented oral argument), Santa Fe, NM, and Veronika Fabian (appeared at oral argument), Tempe, AZ, for the plaintiff-appellant.

John J. Kastner, Jr. and Rebecca Parker-Perry (briefed) and Rebecca Parker-Perry (presented oral argument), Kimble, Nelson, Audilett & Kastner, P.C., Tucson, AZ, for the defendants-appellees.

Before: HAWKINS, SIDNEY R. THOMAS, and RICHARD R. CLIFTON, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

Does the Motor Vehicle Information and Cost Savings Act ("the Odometer Act" or "the Act"), 49 U.S.C. §§ 32701-32711, and its implementing regulations, 49 C.F.R. pt. 580, allow a private right of action where the fraud relates to something other than the vehicle's mileage—in this case, its accident history?

Two of our sister circuits have split on this issue. ...

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