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MCC lawsuit
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Picture of Doug Smiley
posted
http://openjurist.org/969/f2d/...v-barth-incorporated

Thought this was on here but did a search and nothing came up so am posting it for the record:

969 F.2d 421

1992-2 Trade Cases 69,906, 18 UCC Rep.Serv.2d 781

Lester SCHROEDER and Viola Schroeder, Plaintiffs-Appellants,
v.
BARTH, INCORPORATED, Defendant-Appellee.

No. 91-1868.

United States Court of Appeals,
Seventh Circuit.

Argued Feb. 12, 1992.
Decided July 24, 1992.



Robert J. Palmer (argued), E. Spencer Walton, Jr., and Wendell Walsh, May, Oberfell & Lorber, South Bend, Ind., for plaintiffs-appellants.

David R. Kibbe, Barnes & Thornburg; and John T. Mulvihill (argued), South Bend, Ind., for defendant-appellee.

Before:
BAUER, Chief Judge,
POSNER, Circuit Judge,
FAIRCHILD, Senior Circuit Judge.


Lester and Viola Schroeder, an elderly couple, wanted nothing more than a reliable, comfortable motor home to provide them with transportation and housing on their leisurely travels around the country.
With that in mind, on March 13, 1981, they bought a 1981 Barth MCC Model 35 motor home from Motor Vacations Unlimited, of Elgin, Illinois, for $146,705.00.
The Schroeders took delivery of the vehicle in July 1981.
It came with a manufacturer's one year limited warranty.
Barely 2,600 miles and five months later, on December 3, 1981...




82 MCC {by Barth}
35' Length Vin 28
This is not an rv--
it is a Motor Coach!!

 
Posts: 1883 | Location: Nova Scotia | Member Since: 12-08-2006Reply With QuoteReport This Post
Supporting Member of Barthmobile.com 1/16
Picture of Steve VW
posted Hide Post
Interesting case. The owners claim the coach is worthless but don't give any proof. 10 years later, the claim is dismissed. I wonder what the problem was...


8607-3346-33TFPOB------9708-M0037-37MM-01
86 Regal SE 33 Tag axle--"98" Monarch
Chev P3(7) 454TBI--------Cummins 8.3 300 hp
400 hp fuel injected-------6 spd Allison, Spartan MM
 
Posts: 2922 | Location: Kalkaska, MI | Member Since: 02-04-2011Reply With QuoteReport This Post
Supporting Member of Barthmobile.com 3/11
Picture of Tom  and Julie
posted Hide Post
Poor legal advice, but sixty one defects that total $2700 in repairs, including labor? Sounds frivolous to me.


1993 32' Regency Wide Body, 4 speed Allison Trans, Front Entry door, Diamond Plate aluminum roof &
1981 Euro 22' w Chevy 350 engine and TH 400 tranny
 
Posts: 1336 | Location: Houston Texas | Member Since: 12-19-2006Reply With QuoteReport This Post
Supporting Member of Barthmobile.com 8/16
Picture of Mike/Cindi W
posted Hide Post
any pic's of the data tag..?

Big Grin


food for thought... "...Prejudice is an emotional commitment to ignorance.."
Nathan Rutstein

M/C-W

1991 early XL-style (maybe 1 of 2?) Breakaway... but prior to that actual (XL) designation...
2nd Barth w/Cat 3208T 250 hp motor
4 spd MT643 Allison trans
Gilig Air suspension chassis/brakes
Data Tag: 9010 3694 34-BG-1B
 
Posts: 288 | Location: Mendo Coast, NorCal...  | Member Since: 08-23-2015Reply With QuoteReport This Post
Supporting Member of Barthmobile.com 6/12
Formally known as "Humbojb"
Picture of Jim and Tere
posted Hide Post
Tom, you couldn't be more right. One must expect things to fix on new or used motor homes. If you think you will avoid this by buying a new coach, most likely, you will be disappointed.


Jim and TereJim and Tere

1985 Regal
29' Chevy 454 P32
8411 3172 29FP3B
Gear Vendor 6 Speed Tranny
 
Posts: 3027 | Location: madisonville tn usa | Member Since: 02-19-2005Reply With QuoteReport This Post
Supporting Member of Barthmobile.com 2/16
Captain Doom
Picture of Rusty
posted Hide Post
How true. In '94, my wife's uncle bought a new Fleetwood Bounder (top-of-the-line at the time). It was in the shop - literally at the dealer's - for 14 months of the 30 months he endured it.

He finally, after waiting weeks for a new shower to be installed, told them he was leaving FL for Denver, and to ship the shower out there...and that's where he had it installed.


Rusty


MilSpec AMG 6.5L TD 230HP; built-to-order by Peninsular Engines:  Hi-pop injectors, gear-driven camshaft, non-waste-gated, high-output turbo, 18:1 pistons.  Fuel economy increased by 15-20%, power, WOW!"StaRV II"

'94 28' Breakaway: MilSpec AMG 6.5L TD 230HP

Nelson and Chester, not-spoiled Golden Retrievers

Sometimes I think we're alone in the universe, and sometimes I think we're not.
In either case the idea is quite staggering.
- Arthur C. Clarke

It was a woman who drove me to drink, and I've been searching thirty years to find her and thank her - W. C. Fields
 
Posts: 8016 | Location: Brooker, FL, USA | Member Since: 09-08-2005Reply With QuoteReport This Post
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