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BLACK CAR ASSISTANCE CORP. v. NEW JERSEY

No. CIV.03-5828(WGB).

351 F.Supp.2d 284 (2004)

BLACK CAR ASSISTANCE CORPORATION, Plaintiff, v. The State of NEW JERSEY, New Jersey Motor Vehicle Commission, and Diane M. Legreide, in her capacity as Chief Administrator of the New Jersey Motor Vehicle Commission, Defendants.

United States District Court, D. New Jersey.

December 21, 2004.

Attorney(s) appearing for the Case

Richard L. Huffman, Esq., Jonathan Mazer, Esq., Fox Horan & Camerini LLP, New York City, Merrill M. O'Brien, Esq., O'Brien Thorton LLC, Paramus, NJ, for Plaintiff.

Emily H. Armstrong, Esq., Deputy Attorney General, Attorney General of New Jersey, R.J. Hughes Justice Complex, Trenton, NJ, for Defendants.

OPINION

BASSLER, District Judge.

In July 2003, the State of New Jersey enacted N.J.S.A. § 39:3-19.6 with the intent of regulating out-of-state, for-hire vehicles that conducted business within New Jersey. Plaintiff Black Car Assistance Corporation ("Plaintiff" or "Black Car") filed this action to permanently enjoin the State from enforcing N.J.S.A. § 39:3-19.6 against its members.

Plaintiff now moves for summary judgment pursuant...

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