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FIRESIDE NISSAN, INC. v. FANNING

No. 93-1977.

30 F.3d 206 (1994)

FIRESIDE NISSAN, INC., Plaintiff-Appellant, v. Daniel P. FANNING, Director, Department of Transportation For State of Rhode Island, et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided July 20, 1994.

Attorney(s) appearing for the Case

Ronald W. Del Sesto, with whom Peter P.D. Leach and Updike, Kelly, Spellacy & Del Sesto, Providence, RI, were on brief, for appellant.

John J. Igliozzi, Office of Legal Counsel, Rhode Island Dept. of Transp., Providence, RI, for appellee Dept. of Transp. for State of Rhode Island.

Gerald C. DeMaria, with whom Lawrence P. McCarthy III, Patrick B. Landers and Higgins, Cavanagh & Cooney, Providence, RI, were on brief, for appellee Nissan Motor Corp. in U.S.A.

John D. Biafore, with whom Goldman & Biafore, Providence, RI, was on brief, for appellee Nissan of Smithfield, Inc.

Before TORRUELLA and BOUDIN, Circuit Judges, and COFFIN, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

Rhode Island's automobile dealership law allows existing dealers within a twenty-mile radius of a proposed new dealership to protest the establishment of the new dealership. The issue raised by this appeal concerns situations in which, by reason of a proposed new dealership in proximity to the state border, a part of that twenty-mile radius falls outside of Rhode Island. State officials have taken the position that within the twenty-mile...

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