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SIMMONS FORD, INC. v. CONSUMERS UNION OF U. S.

No. 80 Civ. 1901.

516 F.Supp. 742 (1981)

SIMMONS FORD, INC. and Sebring-Vanguard, Inc., Plaintiffs, v. CONSUMERS UNION OF the UNITED STATES, INC., Defendant.

United States District Court, S. D. New York.

June 23, 1981.

Attorney(s) appearing for the Case

Eugene T. Field, P. C., Kalamazoo, Mich., Cormac McEnery, Brooklyn, N. Y., for plaintiffs; Samuel T. Field, Kalamazoo, Mich., of counsel.

Karpatkin, Pollet, Delibert & Beil, New York City, for defendant; Michael N. Pollet, Steven Delibert, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff Sebring-Vanguard, Inc., now bankrupt,1 manufactured the "CitiCar," one of the two electrically powered automobiles generally available in the United States in 1975. Plaintiff Simmons Ford, Inc. was a retailer of the CitiCar. The CitiCar was introduced into the market after extensive advertising as an alternative to the internal combustion engine that could reduce exhaust emissions...

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