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NATIONAL HEARING AID CENTERS, INC. v. SMITH

376 A.2d 456 (1977)

NATIONAL HEARING AID CENTERS, INC. v. David E. SMITH, Commissioner, Department of Health and Welfare of the State of Maine.

Supreme Judicial Court of Maine.

July 27, 1977.

Attorney(s) appearing for the Case

Bernstein, Shur, Sawyer & Nelson by Eric F. Saunders, Gregory A. Tselikis, Portland, for plaintiff.

Michael A. Feldman, James Eastman Smith, Asst. Attys. Gen., Augusta, for defendant.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY and GODFREY, JJ.

ARCHIBALD, Justice.

National Hearing Aid Centers, Inc., filed a complaint in Superior Court which attacked the constitutionality of certain provisions contained within P.L. 1975, ch. 463, subsequently codified in 32 M.R.S.A. § 1658 et seq., effective October 1, 1975. The defendant is the Commissioner of the Department of Health and Welfare of the State of Maine, the agency charged with enforcement of the challenged statute, who moved to dismiss...

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