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LEBAMOFF ENTERPRISES, INC. v. HUSKEY

No. 11-1362.

666 F.3d 455 (2012)

LEBAMOFF ENTERPRISES, INC., et al., Plaintiffs-Appellants, v. Alex HUSKEY, in his official capacity as chairman of the Indiana Alcohol and Tobacco Commission, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 17, 2012.

Attorney(s) appearing for the Case

Robert D. Epstein , James E. Porter, II , Attorneys, Epstein Cohen Seif & Flora, Indianapolis, IN, Morton Siegel , Attorney, Siegel, Moses & Schoenstadt, P.C., Chicago, IL, James A. Tanford (argued), Attorney, Indiana University, School of Law, Bloomington, IN, for Plaintiffs-Appellants.

David L. Steiner (argued), Attorney, Office of the Attorney General, Indianapolis, IN, for Defendant-Appellee.

Before POSNER, SYKES, and HAMILTON, Circuit Judges.

POSNER, Circuit Judge.

A company (trade name Cap N' Cork) that owns retail liquor stores in the Fort Wayne area of northern Indiana brought this suit, joined by two consumers of wine who live in Indianapolis, to challenge the constitutionality of an Indiana state law that prevents Cap N' Cork from shipping wine to its customers via a motor carrier, such as UPS. Ind.Code § 7.1-3-15-3(d). With an exception, explained below...

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