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DORAN v. MASSACHUSETTS TURNPIKE AUTHORITY

No. 03-1312.

348 F.3d 315 (2003)

Peter A. DORAN, individually and on behalf of all others similarly situated; Wendy E. Saunders; individually and on behalf of all others similarly situated, Plaintiffs, Appellants, v. MASSACHUSETTS TURNPIKE AUTHORITY; Matthew Amorello; Christy Mihos; Jordan Levy, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 6, 2003.

Attorney(s) appearing for the Case

Stephen V. Saia was on brief for appellants.

Joshua M. Davis, with whom James A. Aloisi, Jr. and Peter N. Kochansky, was on brief for appellees.

Before TORRUELLA, Circuit Judge, HOWARD, Circuit Judge, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

Peter A. Doran and Wendy E. Saunders brought this action under 42 U.S.C. § 1983 against the Massachusetts Turnpike Authority, its chairman and members of its board (collectively, "MTA"). Plaintiffs complain that the FAST LANE Discount Program ("FLDP" or "program") established by MTA violates the dormant Commerce Clause of the United States Constitution. U.S. CONST. art. I, § 8,...

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