Montague v. Heater

BRIGHT, Senior Circuit Judge.

This case arises from defendants’ Joy Heater, Ted Heater and Oren Henry sale to plaintiff Sandra Montague of a 1973 Oldsmobile Cutlass. The car had been driven 168.188 miles, but its odometer read only 68.188 miles. Mrs. Montague filed a three-count complaint alleging common law fraud and misrepresentation, violations of the federal odometer statute, 15 U.S.C. § 1988 (1982 & Supp. IV 1986), and the Missouri state odometer statute, Mo.Ann. Stat. § 407.536 (Vernon Supp.1987). A jury found against all three defendants on all three counts, and awarded Mrs. Montague…