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United States First Circuit


Alliance of Auto. Mfrs. v. Gwadosky, 05-1259

In a case involving reimbursement by motor vehicle manufacturers for warranty work performed by their dealers, summary judgment for defendant-state on plaintiff-manufacturers' suit challenging a state recoupment bar is affirmed over constitutional Commerce, Contracts, and Takings Clause challenges.

Appellate Information

  • Decided 11/28/2005
  • Published 11/28/2005

Judges

  • SELYA, Circuit Judge., Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Russell R. Eggert, with whom Andrew J. Pincus, William L. Olsen, Mayer, Brown, Rowe & Maw LLP, Harold J. Friedman, Bruce Hepler, and Friedman, Gaythwaite, Wolf & Leavitt were on brief, for appellant., Bruce C. Gerrity, with whom Michael Kaplan and Preti, Flaherty, Beliveau were on brief, for Maine Auto Dealers Association, Inc., amicus curiae.

  • For Appellees:
  • Francis Ackerman, Assistant Attorney General, with whom Paul Stern, Deputy Attorney General, was on brief, for appellees.
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