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AUBURN POLICE UNION v. CARPENTER

Nos. 92-1951, 92-2028.

8 F.3d 886 (1993)

AUBURN POLICE UNION, et al., Plaintiffs, Appellants, v. Michael E. CARPENTER, Attorney General of the State of Maine, Defendant, Appellee. AUBURN POLICE UNION, et al., Plaintiffs, Appellees, v. Michael CARPENTER, Attorney General of the State of Maine, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 12, 1993.

Attorney(s) appearing for the Case

Errol Copilevitz with whom John P. Jennings, Jr., Copilevitz, Bryant, Gray & Jennings, P.C., Leland N. Chisholm and Kelly, Remmel & Zimmerman, were on brief, for plaintiffs.

MacKenzie Canter, III, Leonard J. Henzke, Jr., Lehrfeld, Canter, Henzke & Diskin and George Gills, on brief, for Maine State Troopers Ass'n, Nat. Ass'n of Police Officers, Nat. Troopers Coalition and Texas State Troopers Ass'n, amici curiae.

Stephen L. Wessler, Deputy Atty. Gen., with whom Michael E. Carpenter, Atty. Gen., and Thomas D. Warren, Deputy Atty. Gen., were on brief, for defendant.

Before CYR, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

The State of Maine has enacted a law (hereinafter "the Act") prohibiting a person from soliciting property from the general public that tangibly benefits any law enforcement officer, agency or association.1 Violations of the Act are declared to contravene the Maine Unfair Trade Practices Act, and they may be enjoined and penalized civilly. Me.Rev.Stat.Ann. tit. 5, § 209 (West 1992).

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