Legal Opinion

Pic-A-State PA, Inc. v. Pennsylvania

Court of Appeals for the Third Circuit

Decided November 30, 1994No. 94-7056UnknownCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

ALARCON, Circuit Judge:

Eileen McNulty, Secretary of the Pennsylvania Department of Revenue, appeals from the district court’s declaration that section 9(c) and 9.1 of Pennsylvania’s Commonwealth Act 8 of 1993 (“Act 8”) is unconstitutional under the Commerce Clause and the order permanently enjoining its enforcement. We must decide whether Act 8 imposes an unconstitutional burden on interstate commerce in violation of the dormant Commerce Clause. We reverse because we conclude that since the Violent Crime Control and Law Enforcement Act of 1994, Pub.L. No. 103-322, 108…

2Cases cited18 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  4. Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
  5. Maine v. TaylorSupreme Court of the United States · 1986

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3Cited by2 opinions

  1. Pic-A-State Pa, Inc. v. Commonwealth of PennsylvaniaCourt of Appeals for the Third Circuit · 1994
  2. Variscite NY Four, LLC v. New York State Cannabis Control BoardCourt of Appeals for the Second Circuit · 2025

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