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BIESTER v. LUTHER FORD SALES, INC. ET AL.

No. 1183 C.D. 1980.

60 Pa.Commw. 123 (1981)

Commonwealth of Pennsylvania, Acting by Attorney General Edward G. Biester, Jr., Appellant v. Luther Ford Sales, Inc., et al., Appellees.

Commonwealth Court of Pennsylvania.

June 19, 1981.

Attorney(s) appearing for the Case

Robert C. Edmundson, Deputy Attorney General, with him Jeremy W. Homer, Deputy Attorney General, for appellant.

No appearance for appellee.

Robert L. Rubendall, Keefer, Wood, Allen & Rahal, for Amicus Curiae, Pennsylvania Automotive Association.

Argued May 4, 1981, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE ROGERS, June 19, 1981:

One Gerald Lewis owned a 1976 Toyota Corolla which had been damaged in the 1977 Johnstown Flood. He was paid for total loss of the vehicle by his insurance company which took possession of the car and parked it in a salvage area. One Joseph Joseph purchased the Toyota and cleaned and repaired it.

On March 25, 1978, Richard Kundla, a licensed automobile salesman employed by Luther Ford Sales, Inc., acting as Luther Ford...

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