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CLOER v. GENERAL MOTORS CORPORATION

No. TY-74-23-CA.

395 F.Supp. 1070 (1975)

Robert CLOER v. GENERAL MOTORS CORPORATION and Truck and Coach Division of General Motors Corporation.

United States District Court, E. D. Texas, Tyler Division.

June 18, 1975.

Attorney(s) appearing for the Case

Blake Bailey, Rex Houston, Henderson, Tex., for plaintiff.

Martin D. Beirne, Sam H. Hood, Jr., Fulbright & Jaworski, Houston, Tex., for defendant.

STEGER, District Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BACKGROUND

This is a suit brought by the Plaintiff, Robert Cloer, for damages arising out of the purchase of a GMC Astro truck from the Ford and Calhoun GMC Truck Company in Tyler, Texas. The Plaintiff bases his claim on a breach of express and implied warranties of merchantability and fitness for a particular purpose and he seeks treble damages in the amount of $58,000.00 and attorney...

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