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AMERICAN BEVERAGE ASS'N v. SNYDER

Case No. 1:11-CV-195.

793 F.Supp.2d 1022 (2011)

AMERICAN BEVERAGE ASSOCIATION, Plaintiff, v. Rick SNYDER, in his official capacity as the Governor of the State of Michigan; Bill Schuette, in his official capacity as the Attorney General of the State of Michigan; and Andrew Dillon, in his official capacity as the Treasurer of the State of Michigan, Defendants, v. Michigan Beer & Wine Wholesalers Association, Intervenor-Defendant.

United States District Court, W.D. Michigan, Southern Division.

May 31, 2011.

Attorney(s) appearing for the Case

Hyland Hunt, Patricia Ann Millett, Akin Gump Strauss Hauer & Feld LLP, Dallas, TX, Pamela Chapman Enslen, Miller Canfield Paddock & Stone PLC, Kalamazoo, MI, for Plaintiff.

Ann Maurine Sherman, Margaret A. Nelson, MI Dept. Attorney General, Lansing, MI, for Defendants.

Anthony S. Kogut, Willingham & Cote PC, East Lansing, MI, for Intervenor-Defendant.

OPINION

GORDON J. QUIST, District Judge.

The question in this case is whether a Michigan statute designed to protect the State and Michigan beverage retailers and distributors from fraud, M.C.L. § 445.572a(10), is unconstitutional because it violates the dormant Commerce Clause. For the reasons stated below, the undersigned holds that the statute does not, on its face, violate this clause because it is neither discriminatory nor extraterritorial...

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