CHRYSLER CORPORATION v. MALLOY

Civ. A. No. 5352.

294 F.Supp. 524 (1968)

CHRYSLER CORPORATION and Chrysler Motors Corporation v. James E. MALLOY, Commissioner of Motor Vehicles and Raymond E. Grout, Deputy Commissioner of Motor Vehicles, State of Vermont.

United States District Court D. Vermont.

December 30, 1968.


Attorney(s) appearing for the Case

John M. Dinse, Wick, Dinse & Allen, Burlington, Vt., Robert L. Ackerly, Sellers, Conner & Cuneo, Washington, D. C., for plaintiffs.

William T. Keefe, Asst. Atty. Gen., Montpelier, Vt., for defendants.

A brief of amicus curiae supporting plaintiffs' position was filed by Clarke A. Gravel, Gravel, Bing & Shea, Burlington, Vt., John H. Pickering, Wilmer, Cutler & Pickering, Washington, D. C., for the Automobile Mfrs. Ass'n, Inc.

Briefs of amici curiae supporting defendants' position were filed by Gerald H. Cohen, Civil Div., Dept. of Justice, for U. S. Dept. of Transportation, and by Kenneth A. Roberts, Washington, D. C., for Vehicle Equipment Safety Commission.


OPINION

LEDDY, District Judge.

This is an action brought by Chrysler Corporation and Chrysler Motors Corporation, both Delaware corporations, against the Vermont State Commissioner of Motor Vehicles and his Deputy Commissioner for an injunction restraining the Commissioner from requiring approval of an auxiliary headlamp known as "Super Lite", mounted in certain 1969 Dodge automobiles and from interfering with the sale of such automobiles within the State...

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