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IN RE OLD CARCO LLC

No. 10 Civ. 8283(PKC).

470 B.R. 688 (2012)

In re OLD CARCO LLC, formerly known as Chrysler LLC, Debtor. Old Carco Motors LLC, Chrysler Group LLC, and Old Carco Liquidation Trust, Plaintiffs, v. John Suthers, Colorado Attorney General; Roxy Huber, Colorado Department of Revenue Executive Director, Bruce Zulauf, Division Director and Executive Secretary of the Colorado Motor Vehicle Dealer Board, and Raymond Cottrell, Chairman of the Kentucky Motor Vehicle Commission, Defendants.

United States District Court, S.D. New York.

March 15, 2012.

Attorney(s) appearing for the Case

Corinne Ball , Jones Day, New York, NY, Gwen J. Young , Wheeler, Trigg & Kennedy, P.C., Denver, CO, for Plaintiff.

James Benjamin Holden , Office of the Colorado Attorney General, Maryellen Buxton Mynear , Office of the Kentucky Attorney General, Trevor L. Earl , Reed Weitkamp Schell & Vice PLLC, Louisville, KY, for Defendant.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge.

The plaintiffs in this action assert that certain state statutes directed toward the relationships between vehicle manufacturers and their dealership franchises violate the Supremacy Clause because they are contrary to provisions of the federal Bankruptcy Code, 11 U.S.C. §§ 363, 365, et seq., as well as the orders of the bankruptcy court in In re Old Carco LLC (f/k/a Chrysler...

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