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GENERAL MOTORS CORP. v. ABRAMS

No. 86 Civ. 9193 (CSH).

703 F.Supp. 1103 (1989)

GENERAL MOTORS CORPORATION, Plaintiff, v. Robert ABRAMS, Attorney General of the State of New York, Defendant.

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

January 18, 1989.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for plaintiff; Richard J. Davis, Carl J. Munson, Jonathan M. Polk, Francis H. Dunne, David A. Collins, George Velez, of counsel.

Robert Abrams, Atty. Gen., State of N.Y., New York City, for defendant; Peter Bienstock, Asst. Atty. Gen., In Charge John W. Corwin, Stephen Mindell, Doris Ling, Mary M. Gundrum, Asst. Attys. Gen., of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendant's motion to dismiss the complaint and plaintiff's cross-motion for summary judgment raise the issues of (1) whether a Federal Trade Commission consent order can ever preempt state legislation; and (2) if it can, whether a particular consent order negotiated by the Commission and plaintiff preempts New York's "Lemon Law."

I

The Federal Trade Commission (FTC) was established by...

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