Transmission Slip Out Of Gear Problems of Mercedes Benz ML320

I have a mercedes ml 320. It is a 1999 model with less than 100,000 miles. The transmission slips out of gear when driving. Sometimes the transmission locks in gear. . So when pulling out in an intersection and one thinks the transmission was in low for power, it is locked in high and the car could not accelerate quickly enough to avoid a potential collision with oncoming vehicles. Also, when driving, the transmission might slip out of gear at an inopportune time as well. One has to stop the vehicle and turn off the ignition and then restart which resets the transmission. I have spoken to many mechanics and they all say that mercedes has known about the problem and refuses to recall. I am having the transmission rebuilt but I believe there are many other people that have experienced the problem. A recall should be ordered on the 1999 through 2001 models before someone does get killed. We have experienced this problem many times in the past 2 years and we've had the mercedes dealer try to resolve the problem without resorting to a new transmission. We also had it to various independent mechanics that also failed in their efforts.

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The transmission shifted erratic in cold weather. During the first 5-6 minutes, the vehicle will not shift out of 1st gear in cold weather. Able to shift after warm start (about 5 minutes).