Legal Opinion

Duluth Brewing & Malting Co. v. City of Superior

Court of Appeals for the Seventh Circuit

Decided April 22, 1903No. 947PublishedCited by 4 opinions

Appeal from the Circuit Court of the United States for the Western District of Wisconsin. The Duluth Brewing & Malting Company is a corporation of the state of Minnesota engaged in the business of brewing beer, having its only brewery in the city of Duluth, in that state.

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Appeal from the Circuit Court of the United States for the Western District of Wisconsin. The Duluth Brewing & Malting Company is a corporation of the state of Minnesota engaged in the business of brewing beer, having its only brewery in the city of Duluth, in that state. It maintained a warehouse in the city of Superior, Wis., where it stored its product, which was shipped into the state of Wisconsin for sale and distribution to defendant’s customers in the city of Superior and elsewhere in Wisconsin, delivery being made in the original packages, and none of its product being sold to be…

1Opinion of the CourtJenkins, Circuit Judge

This cause proceeded to hearing without objection by either party to the jurisdiction of this court to entertain the appeal. The case involves the construction and application of the Constitution of the United States, and is also one in which a law of a state is claimed to be in contravention of the Constitution of the United States, and, within section 5 of the act establishing this court (Act March 3, 1891, c. 517, 26 Stat. 826 [U. S. Comp. St. 1901, p. 549]), could have been taken by appeal directly from the Circuit Court to the Supreme Court. Assuming, notwithstanding our decision in Holt…

2Cases cited29 opinions

  1. Barbier v. ConnollySupreme Court of the United States · 1884
  2. Crowley v. ChristensenSupreme Court of the United States · 1890
  3. Leisy v. HardinSupreme Court of the United States · 1890
  4. In Re SawyerSupreme Court of the United States · 1888
  5. In Re RahrerSupreme Court of the United States · 1891

24 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Schmidt v. City of IndianapolisIndiana Supreme Court · 1907
  2. St. Louis Southwestern Ry. Co. v. AllenU.S. Circuit Court for the District of Eastern Arkansas · 1911
  3. State v. AndersonTennessee Supreme Court · 1921
  4. Meyer, Jossen & Co. v. City of MobileU.S. Circuit Court for the District of Southern Alabama · 1906

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