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U.S. v. STATE OF N.D.

No. 87-5334.

856 F.2d 1107 (1988)

UNITED STATES of America, Appellant, v. STATE OF NORTH DAKOTA, Robert E. Hanson, State Treasurer of North Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1988.

Attorney(s) appearing for the Case

Raymond Hepper, Washington, D.C., for appellant.

Nicholas J. Spaeth, Bismarck, N.D., for appellees.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

HENLEY, Senior Circuit Judge.

In this appeal we must pass upon the constitutionality of North Dakota's attempts to regulate the military's purchase of alcoholic liquor from out-of-state suppliers. The State's regulations require out-of-state suppliers to affix a label to each bottle of liquor destined for a military installation in North Dakota stating that the liquor is exclusively for consumption within the federal military enclave. In addition, each supplier must...

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