SPGGC, LLC v. AYOTTE

Civil No. 04-cv-420-SM. Opinion No. 2006 DNH 089.

443 F.Supp.2d 197 (2006)

SPGGC, LLC; MetaBank; and U.S. Bank, N.A., Plaintiffs v. Kelly A. AYOTTE, Attorney General, Defendant.

United States District Court, D. New Hampshire.

August 1, 2006.


Attorney(s) appearing for the Case

David E. Melaugh, James R. McGuire, Morrison & Foerster LLP, San Francisco, CA, Margaret M. Pinkham, Paul W. Shaw, Brown Rudnick Berlack Israels, Boston, MA, Marc R. Scheer, Wadleigh Starr & Peters, Bruce W. Felmly, McLane Graf Raulerson & Middleton, Manchester, NH, for Plaintiffs.

Richard W. Head, NH Attorney General (Consumer Protection), David A. Rienzo, NH Attorney General's Office (DOA Concord, NH, for Defendant.


ORDER

MCAULIFFE, Chief Judge.

This case arises from the sale of prepaid gift cards by SPGGC, LLC, in New Hampshire—cards the State says fail to meet regulatory requirements and limitations imposed on "gift certificates" under New Hampshire law. When the Attorney General threatened enforcement action, SPGGC brought this suit seeking declaratory and injunctive relief. In count one of its third...

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