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NEW HAMPSHIRE MOTOR TRANSPORT ASS'N v. ROWE

No. CIV.03-178-B-H.

324 F.Supp.2d 231 (2004)

NEW HAMPSHIRE MOTOR TRANSPORT ASSOCIATION, et al., Plaintiffs v. G. Steven ROWE, in his Official Capacity as Attorney General of the State of Maine, Defendant

United States District Court, D. Maine.

June 30, 2004.

Attorney(s) appearing for the Case

Michael A. Nelson, Jensen, Baird, Gardner & Henry, Portland, ME, Lawrence R. Katzin, Paul T. Friedman, Ruth N. Borenstein, Morrison & Foerester LLP, San Francisco, CA, for New Hampshire Motor Transport Association, Massachusetts Motor Transportation Association, Inc., Vermont Truck and Bus Association, Inc., Plaintiffs.

Melissa Reynolds O'Dea, Paul D. Stern, Office of the Maine Attorney General, Augusta, ME, for G. Steven Rowe, in his official capacity as Attorney General for the State of Maine, Defendant.

ORDER ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PARTIAL MOTION TO DISMISS

HORNBY, District Judge.

Earlier I ruled (on the plaintiff carrier associations' motion) that federal law does not preempt certain challenged provisions of Maine's Tobacco Delivery Law. I now grant partial summary judgment to the Maine Attorney General on that claim. I also conclude that the carrier associations have standing to assert an as-applied preemption challenge...

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