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A.S. GOLDMEN & CO. v. NEW JERSEY BUREAU OF SEC.

No. 97-5618.

163 F.3d 780 (1999)

A.S. GOLDMEN & COMPANY, INC. v. NEW JERSEY BUREAU OF SECURITIES, Appellant.

United States Court of Appeals, Third Circuit.

Reargued December 4, 1998.

Decided January 7, 1999.

Attorney(s) appearing for the Case

Peter Verniero, Attorney General, Office of the Attorney General of New Jersey. Andrea M. Silkowitz, Assistant Attorney General, Division of Law, Trenton, New Jersey. Gail M. Cookson (argued) Deputy Attorney General, Tracy Thayer, Deputy Attorney General, Office of the Attorney General of New Jersey, Newark, New Jersey for Appellant New Jersey Bureau of Securities.

Martin Flumenbaum (argued), Brad S. Karp, Paul, Weiss, Rifkind, Wharton & Garrison, New York, New York. Michael A. Lampert, Saul, Ewing, Remick & Saul, Princeton, New Jersey for Appellee A.S. Goldmen & Company, Inc.

Karen M. O'Brien, General Counsel, North American Securities Administrators Association, Inc., Washington, DC, for Amicus-Appellant North American Securities Administrators Association, Inc.

Richard E. Walker, Eric Summergrad, Luis de la Torre, Paul Gonson, Securities & Exchange Commission, Washington, DC, for Amicus-Appellant Securities & Exchange Commission.

Before: ALITO, McKEE and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This case raises a dormant commerce clause challenge to one aspect of the New Jersey Uniform Securities Law. The appellee, A.S. Goldmen & Co., Inc. ("Goldmen"), claims that N.J.S.A. § 49:3-60 (" § 60") violates the dormant commerce clause insofar as it authorizes the appellant New Jersey Bureau of Securities to prevent Goldmen from selling securities from New Jersey to buyers in other states where...

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