Floyd Kyes v. BASKIN AUTO TRUCK & TRACTOR, INC.; DONALD BASKIN, Sr., Individually

The Honorable Michael H. Watson, United States District Judge for the Southern District*
of Ohio, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 09a0092n.06
Filed: February 3, 2009
No. 08-5602
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FLOYD KYES,
Plaintiff/Counter Defendant - Appellant,
v.
BASKIN AUTO TRUCK & TRACTOR, INC.;
DONALD BASKIN, Sr., Individually,
Defendants/CounterPlaintiffs - Appellees.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF TENNESSEE
Before: MARTIN and COOK, Circuit Judges; WATSON, District Judge.*
COOK, Circuit Judge. Plaintiff-appellant Floyd Kyes, of New York, brings this contract
action, arising out of the purchase of a 1988 Mack Superliner truck, against Baskin Auto Truck &
Tractor, Inc. (“Baskin”), of Tennessee. He alleges violation of the Federal Odometer Act, 49 U.S.C.
§§ 32701, et seq., fraudulent and negligent misrepresentation, breach of contract, and detrimental
reliance, and seeks rescission and damages. The district court granted summary judgment to Baskin
on all claims, including Baskin’s counterclaim for reasonable attorney’s fees, in orders dated June
25 and December 12, 2007, and April 10, 2008. Because we find that the district court’s orders

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No. 08-5602
Kyes v. Baskin Auto Truck & Tractor, Inc.
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carefully and correctly set out the facts and governing law, we adopt the reasoning of those three
orders with regard to the issues before us, and affirm the court’s judgments.

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