Legal Opinion

Dean Foods Co. v. Brancel

District Court, W.D. Wisconsin

Decided September 30, 1998No. 96-C-0875-CPublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

CRABB, District Judge.

Plaintiff Dean Foods Company, an Illinois milk processor, seeks declaratory and injunc-tive relief preventing defendant Ben Brancel from applying Wisconsin administrative rules regulating milk processors to purchases of Wisconsin milk that take place out of state. Suing under 42 U.S.C. § 1983, plaintiff contends that the United States Constitution’s commerce clause bars defendant from trying to stop plaintiff from paying “volume premiums” to Wisconsin farmers who deliver large volumes of milk directly to plaintiffs Illinois processing plants. Plaintiff…

2Cases cited16 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. Edgar v. Mite Corp.Supreme Court of the United States · 1982
  3. Baldwin v. G. A. F. Seelig, Inc.Supreme Court of the United States · 1935
  4. Healy v. Beer InstituteSupreme Court of the United States · 1989
  5. CTS Corp. v. Dynamics Corp. of AmericaSupreme Court of the United States · 1987

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3Cited by1 opinion

  1. Dean Foods Company v. Ben Brancel, Secretary of the Wisconsin Dept. Of Agriculture, Trade and Consumer ProtectionCourt of Appeals for the Seventh Circuit · 1999

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