No. 88-5806.

881 F.2d 1227 (1989)

OLD COACH DEVELOPMENT CORP., INC. and Land's Edge Enterprises, Inc. v. Herbert M. TANZMAN, Myles J. Herbert, Robert Klein, Edward Runner, Joseph Panuccio, Charles E. Plumeri, Tom Colitas, Queen E. James, Daryl G. Bell, James Logan, III, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 2, 1989.

Attorney(s) appearing for the Case

Cary Edwards, Atty. Gen. of New Jersey, Donald R. Belsole, Acting Atty. Gen. of New Jersey, of counsel, James J. Ciancia, Asst. Atty. Gen., on the brief, Jeffrey A. Bartolino (argued), Deputy Atty. Gen., Trenton, N.J., for appellants.

Gage Andretta (argued), Debra Tyukody Mirandi, Brian W. Moore, Kimmelman, Wolff & Samson, P.C., Roseland, N.J., for appellees.

Frederick A. Organ (argued), Paul V. Strawinski, Organ & Strawinski, River Vale, N.J., for amicus curiae, Nat. Ass'n of Real Estate License Law Officials.

Before SEITZ, SLOVITER, and GREENBERG, Circuit Judges.


SLOVITER, Circuit Judge.

This appeal arises out of a grant of summary judgment in favor of plaintiffs Old Coach Development Corporation (Old Coach) and Land's Edge Enterprises, Inc. (Land's Edge) on their claim that the New Jersey Land Sales Full Disclosure Act, N.J.Stat. Ann. §§ 45:15-16.3 to 45:15-16.26 (West 1978) (LSFDA) violated the dormant Commerce Clause. The district court declared the LSFDA unconstitutional because...

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