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MINNESOTA v. CLOVER LEAF CREAMERY CO.

No. 79-1171.

449 U.S. 456 (1981)

MINNESOTA v. CLOVER LEAF CREAMERY CO. ET AL.

Supreme Court of United States.

Decided January 21, 1981.

Attorney(s) appearing for the Case

Kenneth E. Raschke, Jr., Assistant Attorney General of Minnesota, argued the cause for petitioner. With him on the briefs were Warren Spannaus, Attorney General, Richard B. Allyn, Chief Deputy Attorney General, and D. Douglas Blanke, Special Assistant Attorney General.

Leonard J. Keyes argued the cause for respondents. With him on the brief were Douglas L. Skor and Andrea M. Bond.

Harlon L. Dalton argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General McCree, Assistant Attorney General Moorman, Deputy Solicitor General Claiborne, Harriet S. Shapiro, Jacques B. Gelin, and Anne H. Shields.*

Briefs of amici curiae urging affirmance were filed by C. Lee Cook, Jr., John C. Berghoff, Jr., and Stephanie W. Kanwit for the Can Manufacturers Institute et al.; by John M. Cannon for the Mid-America Legal Foundation; and by Michael L. Flanagan for the Minnesota Dairies Federation.

JUSTICE BRENNAN delivered the opinion of the Court:

In 1977, the Minnesota Legislature enacted a statute banning the retail sale of milk in plastic nonreturnable, nonrefillable containers, but permitting such sale in other nonreturnable, nonrefillable containers, such as paperboard milk cartons. 1977 Minn. Laws, ch. 268, Minn. Stat. § 116F.21 (1978). Respondents1 contend that the statute violates the Equal Protection and Commerce...

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