Legal Opinion

Cumberland Farms, Inc. v. Mahany

District Court, D. Maine

Decided October 24, 1996No. Civil 95-277-P-CPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

GENE CARTER, Chief Judge.

Plaintiff Cumberland Farms, Inc. has brought an action against Defendants Brian Mahany, Maine State Tax Assessor, and Samuel D. Shapiro, Maine State Treasurer, alleging that the Milk Handling Tax Law,' 36 M.R.S.A. §§ 4771-4773 (“1995 Act”), violates the negative Commerce Clause of the United States Constitution, Article I, Section 8, Clause 3. Now before this Court are Plaintiffs and Defendants’ cross-motions for summary judgment (Docket…

2Cases cited11 opinions

Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
Caminetti v. United StatesSupreme Court of the United States · 1917
Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
Brown-Forman Distillers Corp. v. New York State Liquor AuthoritySupreme Court of the United States · 1986
McCarthy v. Northwest Airlines, Inc.Court of Appeals for the First Circuit · 1995

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3Cited by1 opinion

Cumberland Farms, Inc. v. Tax Assessor, MaineCourt of Appeals for the First Circuit · 1997