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SIMS v. FLA. DEPT. OF HWY. SAFETY & MOTOR VEHICLES

No. 86-3055.

862 F.2d 1449 (1989)

Myra Holladay SIMS and Florida Import and Compliance Association, Plaintiffs-Appellees, v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 11, 1989.

Attorney(s) appearing for the Case

Eric J. Taylor, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendant-appellant.

William C. Owen, Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Tallahassee, Fla., for amicus Fla. Automobile Dealers Assoc.

Susan Greco Tuttle, Moffitt, Hart & Miller, Tampa, Fla., for amicus Import Automobile Dealers of Florida, Inc.

Edward T. O'Donnell, Mershon, Sawyer, Johnson, Dunwody & Cole, Miami, Fla., for amicus Mercedes-Benz of North America, Inc.

Robert P. Smith, Jr., Tallahassee, Fla., for plaintiffs-appellees.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, EDMONDSON and COX, Circuit Judges.

HATCHETT, Circuit Judge:

We took this case in banc to determine whether Florida Statute 320.02(9) violates the Supremacy Clause and the Commerce Clause of the United States Constitution. Finding the statute unconstitutional, we affirm in part and reverse in part.1

FACTS

On April 30, 1985, Myra Holladay Sims imported from Europe an automobile popularly known as a "gray market" automobile.2...

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