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PHARMACEUTICAL CARE MANAGEMENT ASS'N v. ROWE

No. 05-1606.

429 F.3d 294 (2005)

PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION, Plaintiff, Appellant, v. G. Steven ROWE, in his official capacity as Attorney General of the State of Maine, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 8, 2005.

Attorney(s) appearing for the Case

William J. Kayatta, Jr., with whom John J. Aromando, Catherine R. Connors, Pierce Atwood LLP, Paul J. Ondrasik, Jr., Martin D. Schneiderman, and Steptoe & Johnson LLP, were on brief, for appellant.

Andrew L. Black, Assistant Attorney General, with whom Paul Stern, Deputy Attorney General, G. Steven Rowe, Attorney General, and Ronald W. Lupton, Assistant Attorney General, were on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and DYK, Circuit Judge.

ORDER

PER CURIAM.

The panel unanimously affirms the district court's grant of summary judgment for defendant on all claims. On the ERISA preemption, due process, and Commerce Clause issues, the panel unanimously adopts Judge Torruella's reasoning. As to the association standing, Takings Clause, and First Amendment issues, the joint concurring opinion of Chief Judge Boudin and Judge Dyk represents the opinion of...

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