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My 38 has the canister for the oil filter but upon opening its empty. Am I better off to take the whole thing down or leave it on and risk starving my engine for oil?

Given how expensive those motors are to repair I would restore the filter to functioning. You can buy a kit to do that. They are not cheap, but unless the car is used very infrequently they are worth the money.

All the pictures show the oil filter assembly mounted horizontally but mine is mounted vertically. I'm starting to wonder if my oil filter assembly is a 38 or not. Maybe someone can enlighten me. Also does anybody has pictures of the brackets how the assembly is mounted horizontally?

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Oh brother,

That is a bypass filter in place of the original full flow unit. I can't see from the pictures but the original lines have probably be chopped up at the oil regulator.

The reason there is nothing in it probably is because after they did this the motor was starving for oil so they took the element out.

If you don't plan on restoring the system I would shunt the two lines together at the regulator. If you want to restore the system you may be able to find the parts after a nationwide search.

The original lines were at least 3/8 ID so that set up is starving the motor at higher RPM.

Here are pictures of a 37 and a 38. The 38 shop manual has a picture of the set up as well.

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Does anyone know what year this bypass filter assembly belongs to?