Legal Opinion
Cumberland Farms, Inc. v. LaFaver
District Court, D. Maine
Decided August 3, 1993No. Civ. No. 92-70-P-HPublishedCited by 2 opinions
1Opinion of the Court
Order on Motions for Summary Judgment
HORNBY, District Judge.
Like many states, Maine has found it necessary to take steps to protect its dairy farmers as an embattled species. Usually when states attempt to do this they run afoul of the Interstate Commerce Clause because their legislation discriminates. See, e.g., Marigold Foods, Inc. v. Redalen, 809 F.Supp. 714 (D.Minn.1992); Farmland Dair*29ies v. McGuire, 789 F.Supp. 1243 (S.D.N.Y.1992); Baldivin v. G.A.F. Selig, Inc., 294 U.S. 511, 55 S.Ct. 497, 79 L.Ed. 1032 (1935). Maine has attempted to avoid this pitfall by adopting a slightly different…
2Cases cited12 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Brown-Forman Distillers Corp. v. New York State Liquor AuthoritySupreme Court of the United States · 1986
- Bacchus Imports, Ltd. v. DiasSupreme Court of the United States · 1984
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3Cited by2 opinions
- Cumberland Farms, Inc. v. LaFaverCourt of Appeals for the First Circuit · 1994
- Cumberland Farms Inc v. LaFaverCourt of Appeals for the First Circuit · 1994