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UNITED STATES v. TAYLOR

No. 84-1699.

752 F.2d 757 (1985)

UNITED STATES of America, Appellee, v. Robert J. TAYLOR, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 18, 1985.

Opinion on Denial of Rehearing and Rehearing April 10, 1985.

Attorney(s) appearing for the Case

E. Paul Eggert, Portland, Me., with whom Mittel & Hefferan, Portland, Me., was on brief, for defendant, appellant.

F. Mark Terison, Asst. U.S. Atty., Portland, Me., with whom Richard S. Cohen, U.S. Atty., Portland, Me., was on brief, for United States of America.

H. Cabanne Howard, Asst. Atty. Gen., Augusta, Me., for intervenor State of Maine.

Before BREYER and TORRUELLA, Circuit Judges, and MALETZ, Senior Judge.

Opinion on Denial of Rehearing and Rehearing En Banc April 10, 1985.

MALETZ, Senior Judge.

A Maine statute provides: "A person is guilty of importing live bait if he imports into this state any live fish, including smelts, which are commonly used for bait fishing in inland waters." Me.Rev.Stat.Ann. tit. 12, § 7613 (1981). The question presented is whether this statute violates the Commerce Clause, art. I, §...

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