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MASSACHUSETTS DELIVERY ASS'N v. COAKLEY

No. 13-2307.

769 F.3d 11 (2014)

MASSACHUSETTS DELIVERY ASSOCIATION, Plaintiff, Appellant, v. Martha COAKLEY, Attorney General of the Commonwealth of Massachusetts, Defendant, Appellee.

United States Court of Appeals, First Circuit.

September 30, 2014.

Attorney(s) appearing for the Case

David C. Casey , with whom Christopher B. Kaczmarek , Stephen T. Melnick , and Littler Mendelson, P.C. were on brief for appellant.

Kate Comerford Todd , Steven P. Lehotsky , National Chamber Litigation Center, Inc., James C. Rehnquist , Kate E. MacLeman , William M. Jay , and Goodwin Procter LLP on brief for the Chamber of Commerce of the United States of America, amicus curiae.

Wesley S. Chused and Looney & Grossman LLP on brief for Massachusetts Motor Transportation Association, amicus curiae.

Peter Sacks , State Solicitor, with whom Martha Coakley , Attorney General of Massachusetts, and Pierce O. Cray , Kate J. Fitzpatrick , and Douglas S. Martland , Assistant Attorneys General, were on brief for appellee.

Scott L. Nelson , Adina H. Rosenbaum , and Public Citizen Litigation Group on brief for Public Citizen, Inc., amicus curiae.

Harold L. Lichten , Shannon Liss-Riordan , Catherine Ruckelshaus , and National Employment Law Project, on brief for Massachusetts Employment Lawyers Association and the National Employment Law Project, amici curiae.

Before LYNCH, Chief Judge, RIPPLE and SELYA, Circuit Judges.

LYNCH, Chief Judge.

The Federal Aviation Administration Authorization Act ("FAAAA") preempts any state law "related to a price, route, or service of any motor carrier ... with respect to the transportation of property." 49 U.S.C. § 14501(c)(1). In a previous appeal in this case, we held, contrary to the district court, that abstention under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), was not appropriate...

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