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WEST LYNN CREAMERY, INC. v. HEALY

No. 93-141.

512 U.S. 186 (1994)

WEST LYNN CREAMERY, INC., et al. v. HEALY, COMMISSIONER OF MASSACHUSETTS DEPARTMENT OF FOOD AND AGRICULTURE

United States Supreme Court.

Decided June 17, 1994.

Attorney(s) appearing for the Case

Steven J. Rosenbaum argued the cause for petitioners. With him on the briefs were Michael L. Altman and Robert A. Long, Jr.

Douglas H. Wilkins, Assistant Attorney General of Massachusetts, argued the cause for respondent. With him on the brief were Scott Harshbarger, Attorney General, and Eric E. Smith, Assistant Attorney General.*

Stevens, J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, p. 207. Rehnquist, C. J., filed a dissenting opinion, in which Blackmun, J., joined, p. 212.

Justice Stevens, delivered the opinion of the Court.

A Massachusetts pricing order imposes an assessment on all fluid milk sold by dealers to Massachusetts retailers. About two-thirds of that milk is produced out of State. The entire assessment, however, is distributed to Massachusetts dairy farmers. The question presented is whether the pricing order unconstitutionally discriminates against interstate commerce. We hold that it does.

I

Petitioner...

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