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HOMIER DISTRIBUTING CO. v. CITY OF NEW BEDFORD

No. Civ.A. 00-12410-GAO.

188 F.Supp.2d 33 (2002)

HOMIER DISTRIBUTING COMPANY, INC., Plaintiff, v. CITY OF NEW BEDFORD; Frederick M. Kalisz, Jr., Mayor; Arthur J. Kelly III, Chief of Police; Daniel W. Patten, Treasurer/Collector/CFO; Janice A. Davidian, City Clerk; and Paul Koczera, Defendants.

United States District Court, D. Massachusetts.

February 13, 2002.

Attorney(s) appearing for the Case

Ross Ginsberg, Gilman, McLaughlin & Hanrahan, Boston, MA, for Plaintiff.

Joseph L. Tehan, Jr., Kopelman & Paige, P.C., Boston, MA, for Defendants.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

The plaintiff, Homier Distributing Company, Inc. ("Homier"), has moved for summary judgment on its claim under 42 U.S.C. § 1983. Homier asks for a declaration that New Bedford Code §§ 15-71.0-.7 (the "Ordinance") discriminated against out-of-state businesses like Homier, in violation of the Commerce Clause of the United States Constitution. Homier also seeks damages equal to the two-thousand...

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