· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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