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SHASTA BEVERAGES v. S.C. TAX COMM.

22005

280 S.C. 48 (1983)

310 S.E.2d 655

SHASTA BEVERAGES (A DIVISION OF CONSOLIDATED FOODS CORPORATION) (and six other appellants in six separate cases identical to its case, namely Welch Foods, Inc., Specialized Beverages, Inc., Deep South Products, Inc., Tropicana Products, Inc., Royal Crown Cola Company of Columbus, Georgia, and A.M. Braswell, Jr. Food Co., Inc.), Respondents, v. SOUTH CAROLINA TAX COMMISSION, Appellant.

Supreme Court of South Carolina.

November 17, 1983.

Attorney(s) appearing for the Case

Atty. Gen. T. Travis Medlock, Deputy Atty. Gen. Joe L. Allen, Jr., and Asst. Atty. Gen. Ronald W. Urban, Columbia, for appellant.

Wesley M. Walker and Jack H. Tedards, Jr., Leatherwood, Walker, Todd & Mann, Greenville, for respondents.

November 17, 1983.

LITTLEJOHN, Justice:

These cases were before the trial court on motions of both the plaintiffs-Respondents (Bottlers) and the Defendant-Appellant (Tax Commission) for summary judgment. At issue before the trial court, and now before this Court, is whether certain provisions of the South Carolina soft drink statutes are unconstitutional because they violate the Commerce Clause (Article I, Section...

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