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GENERAL MOTORS CORPORATION v. VOLPE

Civ. A. No. 4004.

321 F.Supp. 1112 (1970)

GENERAL MOTORS CORPORATION, a corporation of the State of Delaware, Plaintiff, v. John A. VOLPE, as Secretary of Transportation, the Department of Transportation, Douglas W. Toms, as Director of the National Highway Safety Bureau, the National Highway Safety Bureau, and the United States of America, Defendants.

United States District Court, D. Delaware.

December 21, 1970.

Attorney(s) appearing for the Case

Edmund N. Carpenter, II, Charles F. Richards, Jr., and David T. Dana, III, of Richards, Layton & Finger, Wilmington, Del., Frazer F. Hilder and Joseph Wackerman, General Motors Legal Dept., Detroit, Mich., Lloyd M. Cutler and William R. Perlik, of Wilmer, Cutler & Pickering, Washington, D. C., for plaintiff; Ross L. Malone, Gen. Counsel, General Motors Corp., Detroit, Mich., of counsel.

F. L. Peter Stone, U. S. Atty., Wilmington, Del., Frank Berndt, Office of the Chief Counsel, National Highway Safety Bureau, Dept. of Transportation, and Carl Goodman, Dept. of Justice, Washington, D. C., for defendants.

Arthur G. Connolly, Jr., of Connolly, Bove & Lodge, Wilmington, Del., Bruce L. Montgomery and Michael N. Sohn, of Arnold & Porter, Washington, D. C., for amici curiae, Ralph Nader, Larry Joel Silverman, The Center for Auto Safety, and Physicians for Automotive Safety.

OPINION

CALEB M. WRIGHT, Chief Judge.

This case arises out of the General Motors Corporation's ("GM") efforts to obtain pre-enforcement judicial review of the National Highway Safety Bureau's ("NHSB") order of November 4, 1970, in which the NHSB directed GM to send a notification to the owners of certain pickup trucks stating that the wheels of the trucks contain a "defect which relates to motor vehicle safety" within the purview of the National Traffic...

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