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NEW HAMPSHIRE MOTOR TRANSPORT ASS'N v. TOWN OF PLAISTOW

No. 94-2095.

67 F.3d 326 (1995)

NEW HAMPSHIRE MOTOR TRANSPORT ASSOCIATION, et al., Plaintiffs, Appellants, v. TOWN OF PLAISTOW, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 20, 1995.

Order on Petition for Rehearing October 25, 1995.

Attorney(s) appearing for the Case

Mark I. Zarrow with whom Lian, Zarrow, Eynon & Shea, Worcester, MA, was on briefs, for appellants.

Melinda S. Gehris with whom Marjorie E. Lanier and Devine, Millimet & Branch, P.A., Manchester, NH, were on brief, for appellee.

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

BOUDIN, Circuit Judge.

This appeal presents a challenge to a town zoning ordinance and cease and desist order that limit night-time access to and from a local trucking terminal. Appellants are the terminal owner, the terminal operator, various interstate motor carriers that regularly use the terminal, and an association representing New Hampshire truckers. Appellee is the Town of Plaistow, New Hampshire, ("the town"), which adopted the restrictions at issue. The terminal...

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