1. Home
  2. Browse Decisions
  3. F.3d
  4. 79 F.3d
  5. 79 F.3d 488 (1996)
 

FERNDALE LABORATORIES, INC. v. CAVENDISH

No. 94-4108.

79 F.3d 488 (1996)

FERNDALE LABORATORIES, INC., Plaintiff-Appellee, v. Robert B. CAVENDISH, R.Ph., Paul F. Lamping, R.Ph., Amonte B. Littlejohn, R.Ph., Wayne C. Miller, R.Ph., Timothy D. Moore, R.Ph., Suzanne L. Neuber, R.Ph., Ruth A. Plant, R.Ph., Nicholas R. Repke, and Joseph R. Sabino, Jr., R.Ph., Members of the Ohio State Board of Pharmacy, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 21, 1996.

Attorney(s) appearing for the Case

Thomas A. Roach (argued and briefed), Lydia P. Loren, Bodman, Longley & Dahling, Ann Arbor, MI, for Plaintiff-Appellee.

Anne Berry Strait, Asst. Atty. Gen. (argued and briefed), Robert J. McClaren (briefed), Office of the Attorney General of Ohio, Columbus, OH, for Defendants-Appellants.

David C. Thollander, John F. Atkinson, and Dale J. Atkinson, Atkinson & Atkinson, Evanston, IL, for National Ass'ns of Boards of Pharmacy, Amicus Curiae.

Ray M. Aragon, Gary L. Yingling (briefed), McKenna & Cuneo, Washington, DC, for National Pharmaceutical Alliance, Amicus Curiae.

James N. Czaban (briefed), Bass & Ullman, New York City, for National Ass'n of Pharmaceutical Manufacturers, Amicus Curiae.

Before: LIVELY, KENNEDY, and RYAN, Circuit Judges.

LIVELY, Circuit Judge.

This appeal presents the question whether an Ohio statute that requires wholesale distributors of pharmaceuticals to register with and pay a license fee to the State of Ohio violates the Commerce Clause of the United States Constitution when applied to an out-of-state wholesale drug distributor. The district court held that the statute, as applied to a Michigan wholesale distributor, does violate the Commerce Clause, and entered an injunction...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases