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COTTO WAXO CO. v. WILLIAMS

No. 94-1438.

46 F.3d 790 (1995)

COTTO WAXO COMPANY, Appellant, v. Charles W. WILLIAMS, as Commissioner of the Minnesota Pollution Control Agency, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 31, 1995.

Attorney(s) appearing for the Case

Lawrence A. Moloney, Minneapolis, MN, argued (Gregg J. Tucek, on brief), for appellant.

Peter M. Ackerberg, Asst. Atty. Gen., argued, for appellee.

Before BEAM, Circuit Judge, CAMPBELL, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

BEAM, Circuit Judge.

This is a dormant Commerce Clause case. Cotto Waxo challenges a Minnesota law prohibiting the sale of petroleum-based sweeping compounds. The district court held that the local benefits of the law outweigh the law's burden on interstate commerce, and granted summary judgment in favor of the state. We reverse.

I. BACKGROUND

In 1992, the Minnesota legislature enacted a statute (the...

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