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BURKITT, INC. v. CHAMPION RD. MACHINERY

763 A.2d 106 (2000)

2000 ME 209

N.A. BURKITT, INC. v. CHAMPION ROAD MACHINERY LIMITED and Volvo Construction Equipment North America, Inc.

Supreme Judicial Court of Maine.

Decided December 5, 2000.

Attorney(s) appearing for the Case

John A. Graustein (orally), Davis S. Sherman Jr., Drummond Woodsum & MacMahon, Portland, for plaintiff.

Margaret Minister O'Keefe (orally), Jeffrey M. White, Pierce Atwood, Portland, for defendants.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

SAUFLEY, J.

[¶ 1] The United States District Court for the District of Maine (Hornby, C.J.), acting pursuant to 4 M.R.S.A. § 57 (1989) and M.R. Civ. P. 76B, has certified the following question of state law:

Are motorized graders "motor vehicles," as that term is defined in Maine's Motor Vehicle Dealers Act, 10 M.R.S.A. § 1171(11) (Supp.2000)?

We answer the certified question in the negative.

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