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· 8/12/2002

Eby-Brown Company, LLC v. Wisconsin Department of Agriculture, Trade and Consumer Protection and Its Secretary, James Harsdorf

Citations

  • 295 F.3d 749

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Unfair Sales Act’s price system regarding cigarette distributors did not violate the Commerce Clause
  • noting that improvident decisions “should be rectified through the democratic process and not the courts”
  • determining that statute, which prohibited certain tobacco wholesalers from deducting “trade discounts” from costs but permitted other wholesalers to deduct such costs, did not violate equal protection
  • noting that improvident decisions “should be rectified through the democratic process and not the courts”
  • refusing to analyze substantive due process claim where \[t]he bulk of the allegations set forth by Eby-Brown seek redress for the alleged unequal treatment it received as a licensed wholesaler of tobacco\
  • claims of alleged unequal treatment properly analyzed under the Equal Protection Clause, not as substantive due process claims

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Bauer, Ripple

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.