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KITTERY MOTORCYCLE v. ROWE

No. 02-1666.

320 F.3d 42 (2003)

KITTERY MOTORCYCLE, INC., Plaintiff, Appellant, v. G. Steven ROWE, Attorney General of the State of Maine, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 13, 2003.

Attorney(s) appearing for the Case

Barry A. Bachrach, with whom Christine S. Collins and Bowditch & Dewey, LLP, were on brief, for appellant.

Christopher C. Taub, Assistant Attorney General, with whom G. Steven Rowe, Attorney General for the State of Maine, and Paul Stern, Deputy Attorney General, were on brief, for appellee.

Bruce C. Gerrity, with whom Michael Kaplan and Preti Flaherty Beliveau Pachios & Haley, LLC, were on brief, for amicus curiae Maine Auto Dealers Association, Inc., in support of appellee.

Before LIPEZ, Circuit Judge, COFFIN and STAHL, Senior Circuit Judges.

LIPEZ, Circuit Judge.

This appeal requires us to revisit the constitutional propriety of a state's Sunday closing laws. Appellant Kittery Motorcycle, Inc. ("Kittery") is a motorcycle dealership located in Kittery, Maine, near the New Hampshire border. Kittery claims that Maine's Sunday closing laws, Me.Rev. Stat. Ann. tit. 17, §§ 3203-3204 (West Supp.2002), violate the United States Constitution's guarantees of equal protection and due process because, as...

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