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PORTER v. NOWAK

Civil Action No. 4031.

65 F.Supp. 133 (1946)

PORTER, Adm'r, Office of Price Administration, v. NOWAK et al.

District Court, D. Massachusetts.

March 27, 1946.

Attorney(s) appearing for the Case

James J. Brennan, Chief Enforcement Atty., and Solomon Thurman, Enf. Atty., O.P.A., both of Boston, Mass., for plaintiff.

Arthur T. Garvey, of Springfield, Mass., for defendants Alexander and Joseph Nowak.

WYZANSKI, District Judge.

1. The issue. This case arises under OPA regulations governing the sale of used motor vehicles. The question is this: When a dealer in used passenger automobiles sells a car giving the purchaser an oral warranty which he in fact honors or stands ready to honor, is the lawful maximum price (a) the price allowed an ordinary seller or (b) the price allowed a dealer furnishing a written warranty?

2. Applicable regulations.<...

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