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REDDY v. FOSTER

No. 16-1432.

845 F.3d 493 (2017)

Mary Rose REDDY; Sue Clifton; Jennifer Robidoux; Joan Espinola; Terry Barnum; Jackie Pelletier; Betty Buzzell, Plaintiffs, Appellants, v. Joseph FOSTER, in his official capacity as Attorney General for the State of New Hampshire; D. Chris McLaughlin, in his official capacity as County Attorney for Cheshire County, NH; Scott W. Murray, in his official capacity as County Attorney for Merrimack County, NH; Dennis Hogan, in his official capacity as County Attorney for Hillsborough County, NH; Patricia Conway, in her official capacity as County Attorney for Rockingham County, NH; City of Manchester, NH; City of Concord, NH; City of Keene, NH; Town of Greenland, NH, Defendants, Appellees, Thomas P. Velardi, in his official capacity as County Attorney for Strafford County, NH; Town of Derry, NH, Defendants.

United States Court of Appeals, First Circuit.

January 11, 2017.

Attorney(s) appearing for the Case

Michael J. Tierney , with whom Wadleigh Starr & Peters PLLC, Matthew S. Bowman , Kevin H. Theriot , and Alliance Defending Freedom were on brief, for appellants.

Elizabeth A. Lahey , Assistant Attorney General, New Hampshire Department of Justice, for appellee Joseph Foster.

John T. Alexander , Garry R. Lane , Ransmeier & Spellman, P.C., Samantha D. Elliott , and Gallagher, Callahan & Gartrell, P.C. on brief for municipal appellees.

Before Lynch, Lipez, and Barron, Circuit Judges.

The district court dismissed without prejudice, for lack of Article III standing, this pre-enforcement challenge to a New Hampshire statute that has not been activated or enforced since its enactment in mid-2014. We agree that the challenge is not ripe and that there is no present Article III case or controversy before the...

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