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DIXIE DAIRY CO. v. CITY OF CHICAGO

No. 75-1932.

538 F.2d 1303 (1976)

DIXIE DAIRY COMPANY, a corporation, Plaintiff-Appellee, v. CITY OF CHICAGO, a Municipal Corporation, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 1976.

Rehearing and Rehearing Denied September 2, 1976.

Attorney(s) appearing for the Case

William R. Quinlan, Corp. Counsel, Edmund Hatfield, Asst. Corp. Counsel, Chicago, Ill., for defendants-appellants.

Francis J. McConnell, Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, SPRECHER and TONE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 2, 1976.

TONE, Circuit Judge.

The issue in this case is whether a Chicago milk inspection ordinance imposes an unreasonable burden on interstate commerce, thereby violating the Commerce Clause, article I, section 8, of the Constitution. The District Court, after trial, entered a judgment holding the ordinance unconstitutional. We affirm that judgment.

Plaintiff Dixie Dairy Company operates a milk processing...

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