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TOWN OF SEABROOK v. STATE OF NEW HAMPSHIRE

No. 84-1187.

738 F.2d 10 (1984)

TOWN OF SEABROOK, et al., Plaintiffs, Appellees, v. STATE OF NEW HAMPSHIRE, et al., Defendants, Appellees. Seabrook Citizens for the Defense of Home Rule (SCDHR), Intervenors, Appellants.

United States Court of Appeals, First Circuit.

Decided June 25, 1984.

Attorney(s) appearing for the Case

Stephen J. Tybursky, Portsmouth, N.H., with whom Tybursky & Watson, Portsmouth, N.H., was on brief, for Seabrook Citizens for the Defense of Home Rule (SCDHR).

Peter T. Foley, Asst. Atty. Gen., Div. of Legal Counsel, Concord, N.H., with whom Gregory H. Smith, Atty. Gen., Concord, N.H., was on brief, for State of New Hampshire, et al.

Before CAMPBELL, Chief Judge, STEWART, Associate Justice (Retired), and BOWNES, Circuit Judge.

PER CURIAM.

Plaintiff-intervenor Seabrook Citizens for the Defense of Home Rule ("SCDHR") appeals from summary judgment sustaining the constitutionality of certain New Hampshire statutes which regulate Sunday dog racing. While we might well agree with the district court's resolution of the substantive issues, we affirm on another ground.

We are confronted by the fact that SCDHR has previously raised the same claim and many of the same legal arguments before...

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