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JOE CONTE TOYOTA, INC. v. LA. MOTOR VEH. COM'N

No. 93-3288.

24 F.3d 754 (1994)

JOE CONTE TOYOTA, INC., Plaintiff-Appellant, v. LOUISIANA MOTOR VEHICLE COMMISSION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 5, 1994.

Attorney(s) appearing for the Case

Dane S. Ciolino, Elizabeth M. McCarron, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, for appellant.

Lisa Miley Geary, Burgess E. McCranie, Jr., Campbell, McCranie, Sistrunk, Anzelmo & Hardy, P.C., Metairie, LA, for appellees.

Before ALDISERT, REYNALDO G. GARZA and DUHÉ, Circuit Judges.

ALDISERT, Circuit Judge:

This appeal by Joe Conte Toyota, Inc. from a district court judgment dismissing its suit against members of the Louisiana Motor Vehicle Commission requires us to decide whether the court correctly upheld the constitutionality of a state regulation prohibiting any automobile advertisements which contain the term "invoice" on the ground that the term is inherently misleading and, therefore, beyond First Amendment protection. We uphold the constitutionality...

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