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ASEPTIC PACKAGING COUNCIL v. STATE

637 A.2d 457 (1994)

ASEPTIC PACKAGING COUNCIL, et al. v. STATE of Maine.

Supreme Judicial Court of Maine.

Decided February 17, 1994.

Attorney(s) appearing for the Case

Joseph Ferraro (orally), Shea & Gould, New York City, John M.R. Paterson, Bernstein, Shur, Sawyer & Nelson, Robert E. Mittel, Mittel, Asen, Eggert, Hunter & Altshuler, Portland, for plaintiffs.

Lucinda White (orally), Asst. Atty. Gen., Augusta, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.

COLLINS, Justice.

Aseptic Packaging Council and Tetra Pak, Inc. (collectively, the "Council") appeal from entry of a summary judgment in the Superior Court (Kennebec County, Alexander, J.) in favor of the State of Maine. The Council's complaint asserted that 32 M.R.S.A. § 1868(4) (Supp.1992), which bans the sale of aseptic beverage containers, violates the Equal Protection and Due Process Clauses of the U.S. and Maine Constitutions, violates the Commerce...

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