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NEW HAMPSHIRE MOTOR TRANSPORT ASS'N v. ROWE

No. CIV. 03-178BH.

377 F.Supp.2d 197 (2005)

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

United States District Court, D. Maine.

May 27, 2005.

Attorney(s) appearing for the Case

Michael A. Nelson, Jensen, Baird, Gardner & Henry, Portland, 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.

DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

HORNBY, District Judge.

The Interstate Commerce Clause gives Congress the authority "[t]o regulate commerce with foreign nations, and among the several States."1 Congress has exercised this constitutional power to enact legislation that limits state authority over the transportation of goods by air and motor carriers. Does...

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