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HURYTA v. DIERS MOTOR CO. OF GRAND ISLAND, NEB.

No. CV76-L-71.

426 F.Supp. 1176 (1977)

Edward HURYTA and Alexandria E. Huryta, Plaintiffs, v. DIERS MOTOR CO. OF GRAND ISLAND, NEBRASKA, a Nebraska Corporation, and Clarence Pfeifer, also known as C. F. Pfeifer, Defendants.

United States District Court, D. Nebraska.

February 18, 1977.

Attorney(s) appearing for the Case

John S. Mingus, Ravenna, Neb., for plaintiffs.

James A. Beltzer, Grand Island, Neb., for defendants.

MEMORANDUM OF DECISION

URBOM, Chief Judge.

This case raises primarily the question of when a transferor of a motor vehicle "knows" that the odometer reading differs from the actual mileage within the meaning of 15 U.S.C. § 1988(b) and 49 C.F.R. § 580.4. The defendants sold to the plaintiffs a pickup truck which had been driven substantially more miles than showed on the odometer and gave to the plaintiffs an odometer certificate which recorded...

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